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BRIAN S. KELLY,
plaintiff
Vs.
PAULA A. KELLY,
Defendant
ORDER OF COURT
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AND NOW, upon (:onsiderati.on of the attached Complaint, it is
hereby directed that the parties and their respective counsel
appear before 00/ %)A S S,.Jkj139, the conciliator, at
S1 . flit, ,a•„?+? , on the day of
LoyM.J' 1995, at '?- M., 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.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
?c. ?t•?.nti?
NUMBEROA
CUSTODY
BY THE COURT:
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 0 CE. IF U
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4th Floor
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 1.7013
TELEPHONE NUMBER: (111)L40-6200
Oct ?,1 2 51 : ??S
a4 /Z Xe?
CA6
BRIAN S. KELLY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER
PAULA A. KELLY,
Defendant CUSTODY
COMPLAINT FOR TEMPORARY PHYSICAL CUSTODY
NOW COMES the Plaintiff, BRIAN S. KELLY, by his attorney,
Charles E. Petrie, and respectfully represents as follows:
1. Plaintiff is BRIAN S. KELLY, who currently resides at
5073 Stacey Drive East, Apartment 104, Harrisburg, County of
Dauphin, Pennsylvania.
2. Defendant is PAULA A. KELLY, who currently resides at
812 Division Street, Grantham, County of Cumberland,
Pennsylvania.
3. Plaintiff seeks to halve rights of primary physical
custody with respect to AMANDA C. KELLY, born April 15, 1992.
The child was not born out of wedlock.
The child is presently in the custody of Defendant, PAULA A.
KELLY.
Since birth, the child has resided with the following
persons and at the following addresses: From April, 1992, until
October, 1993, with Plaintiff and Defendant at 638 S. 26th
street, Harrisburg, Pennsylvania; from October, 1993, until
December, 1993, with Defendant and Kelly Mayberry in Harrisburg,
Pennsylvania; from December, 1993, until January, 1994, with both
parties at 638 S. 26th Street, Harrisburg, Pennsylvania; from
January, 1994, until March, 1994, with Defendant on Hummel Street
in Lemoyne, Pennsylvania; from March, 1994, until may, 1994, on
Fishing Creek Valley Road, Harrisburg, Pennsylvania; from May,
1994, until June, 1995, with Defendant and Pete and Vaughn
Mayberry on Allen Street, Mechanicsburg, Pennsylvania; from June,
1995, unto the present at 812 Division Street, Grantham,
Pennsylvania.
The mother of the child is PAULA A. KELLY, who currently
resides at 812 Division Street, Grantham, Pennsylvania. She is
married.
The father of the child is BRIAN S. KELLY, who currently
resides at 5073 Stacey Drive East, Apartment 104, Harrisburg,
Pennsylvania. He is married.
4. The relationship of the Plaintiff to the child is that
of father. The Plaintiff currently resides with his girlfriend,
Lori Mohn.
5. The relationship of the Defendant to the child is that
of mother. She currently resides with the minor child.
6. The Plaintiff filed a Complaint for Custody in Dauphin
county docketed to No. 4209 S 1995, which Complaint has been
withdrawn.
The Plaintiff has no information of a custody proceeding
concerning the custody of the child in this or in another court.
Plaintiff does not know of a person not a party to these
proceedings who has physical custody of the child or who claims
to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child
will be served by confirming rights of temporary physical custody
in Plaintiff because Defendant has been denyinc Plaintiff access
to the child on a regular basis.
6. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court enter an order
confirming custody in Plaintiff.
Respectfully submitted,
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I verify that the statements in the foregoing Complaint are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
DATE BRIAN S. KELLY
CHARLES E. PETRIE 1 11?i??
ATtoknY At IAA
3528 RRISRAN S7RWIT v
HARRISBURG, PENNSYLVANIA 17111
717.561.1939
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In the Court of Common Pleas of the County of ....................................
UJ ...... Clyi..i Ton", ID95...,
..........................................
41?.xNN.. S ,... KELLY
.... .... ..... ................
CIVIL ACTION - LAW
YO .................................... ---- ............... .......... ..................................................
CUSTODY
_Y.AUJ.A. aI.... MLY .................. _... ..... .
?61fut......pe............................... r Si:Pleaoe enter my appearance for the Defendant
............................................................................................................
it---the... above mrafeeence d..Act.inn .................................................................................................
---------°° ........................................................
To the Prothonotary of said County.
Date: ZINOV 94-- ....
)39110?v? Marie CoyneAttorney 1 Market Stree
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 53788
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BRIAN S. KELLY.
Plaintiff
Vs.
PAULA A. KELLY.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PA
NO. 9b-60'17 CIVIL PERM
CIVIL ACTION - LAW
CUSTODY
ANSWER TO COMPLAINT FOR
TEMPORARY PHYSICAL CUSTODY
AND NOW COMES the Defendant, Paula A. Kelly, by and
through her attornev, Lisa Marie Covne. Escuire, and
respectfully avers the following in support of Defendant's
Answer to the Complaint for Temporary Physical Custody:
1. Admitted.
1. Admitted.
3. Admitted in part; denied in part. It is denied
that Defendant resided at 111 Hummel Street, Lemoyne,
Cumberland Countv. PennovIvan ia from Januarv through March.
1994. Rather. Defendant and her daughter resided at that
address from Januarv 1994 to Mav 1994. It is further denied
that Defendant and daunliter ever resided at Fishing Creek
Vallev Road, llarricburp. Dauphin Countv. Rather. Defendant
resided at 7 Vallev Noad, Ettere, York County, Pennsvlvania
from Mav to December 1994. Dv wav of further answer,
i
Defendant and her daughter then resided with Defendant's
parents, Pete and Vaughn Mavberrv. at 318 West Allen Street,
Mechanicsburg, Cumberland County, Pennsvlvania from December
i
1994 until July 1995, when Defendant and her daughter moved
to 812 Division Street. Grantham, Cumberland Countv,
Pennevlvania. Defendant and her daughter have resided there
to date. The balance of this paragraph is admitted.
4. Admitted. Uv wav of further answer, Plaintiff and
his girlfriend also reside with girlfriend's two (2)
children. a bov and a girl with approximate ages of It veers
and 8 veers. This residence is a two (2) bedroom apartment.
5. Admitted.
6. Admitted. 8v wav of further answer. Plaintiff
withdrew his Dauphin Countv Complaint For Custodv only after
Defendant properly challenged Plaintiff's Petition In Forma
Pauperie and challenged the venue of the case. Attached at
Exhibit "A" is Defendant's said Petition and Judge Lewis'
Rule to Show Cause, on or about October 19, 1995 after
service of the Rule to Show Cause. Plaintiff withdrew his
Dauphin Countv Custodv Petition. (Exhibit "B") Moreover.
on April 20. 1994 Defendant was granted a Protective Order
against Plaintiff (Exhibit "C") in responee to her Petition
For Protection From Abuse filed April 5. 1994. (Exhibit
"D") In the said Protective Order at paragraph b, the Court
awarded Defendant primarv phvsical and legal custodv of her
daughter with reasonable visitation to Plaintiff. This
visitation schedule was modified by the parties due to
Plaintiff's work schedule and his residence. The visitation
schedule maintained to date by the parties is alternating
weekends with Plaintiff and everv Fridav night from after
school to 8:00 p.m. unless it is Plaintiff's weekend, then
Plaintiff has child from Fridav through Sundav. Plaintiff
has additional visitation everv Tuesdav overnight following
his weekend and everv Mondav overnight following Defendant's
weekend.
7. Denied. It is denied that Defendant has denied
access to the child on a regular basis. please refer to
answer in paragraph 6 above. Furthermore, Plaintiff has
repeatedly threatened to not return the child to Defendant
and has made these repeated threats in front of the minor
child. In spite of these threats Defendant has been
dedicated in fostering contact and visitation between
3
Plaintiff and child and has offered Plaintiff additional
time with the child; however. Plaintiff refused to accept
the additional time with the child.
8. Admitted.
WHEREFORE. Defendant respectfully requests that primarv
physical custody of the child be maintained and confirmed in
Defendant with regular visitation with Plaintiff.
Dated: 2G Nuv 45
Respectfully submitted,
i a Marie Covne. E quire
O1 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 53788
Attorney For Defendant
4
VERIFICATION
The facts set forth in the foregoing are true and
correct to the beet of the undersigned's knowledge,
information and belief and are verified subject to the
penalties for uneworn falsification to authorities under IS
Pa. C.S.A. Section 4904.
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Dated: ?? s- ??' ??
1 1
1 , Y?IINIII?W MT11 ?1 ?MYI N?? Il??i M????11?
1 1 ? 1
V
Exhibit A
BRIAN S.. KELLY. IN THE COUP? OF COMMON PLEAS
Plaintiff DAUPIIIN COUNTY. 13LNNOYLVANIA
vs, NO. 4209 0 1995
PAULA A. KELLY, CIVIL ACTION - LAID
Defendant CUSTODY AC'T'ION
RULE '1'O 0110W CAUSL•'
IrL
AND NOW thin 12 in day ul' ('J 1995, upon
consideration of DefendanL'u attached Petition to Transfer
and Petition to Strike Plo ntiff's Petition to Proceed In
Forma Pauveris, it is herebv ORDERED and DIRECTED that
Plaintiff, Urion S. Kellv, iu to allow cause why this matter
should not be tranuferved to CumbevIand County,
Pennsvlvania. and. further. why Plaintiff's Petition to
Proceed In Forma Pauueris uhuuld not be stricken and the
prior Order of this Court. doted 0eptember '1. 1995•
granting the uaid Petitiun should not be vacated.
This Rule is returnable t
-NN6y GiY6l1'11 r, tlnrrl ubyiTl
2 aAu1S tcy*'" SorvICQ.
Further, the order of the Court, dated October 2, 1995,
wherein a conailiation la scheduled for November 6, 1995 is
hereby staved until final action is taken by this Court
conaerninR Defendant's Petitions herein.
Ov the Court:
Brian S. Kelly, Pro Be
Lille Marie Coyne, Esquire
For Defendant
Mark Silliker, Require
Conciliator
"51 Ilt (?. I a ,tom
J.
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I hereby certify tlint the foroAoing Is a
true find corrucl cof. of rho original
filed.
f'??uiLnu?,uy
BRIAN S. KELLY,
Plaintiff
Va.
PAULA A. KELLY,
Defendant
IN THE COURT OF COMMON PLEAS
t DAUPHIN COUNTY, PENNSYLVANIA
: NO. 4209 8 1995
CIVIL ACTION - LAW
CUSTODY ACTION
AND NOW COMES Defendant, Paula A. Kelly, by and through
liar attorney, Lisa Marie Coyne, Esquire, files this Petition
to transfer this Case to Cumberland County, Pennsylvania and
to Strike Plaintiff's Petition to Proceed In Forma Pauperis,
and in support thereof, avers as follows:
1. Transfer Cape Purouant to Pa R C P 1915.2
1. Defendant, Paula A. Kelly currently resides with
liar minor daughter, Amanda C. Kelly (Date of Birth: April
15, 1992), at 812 Division Street, Grantham, Cumberland
Countv. Pennsylvania and has resided at this said residence
since July 1995.
2. Prior to July 1995, Defendant and her minor
dauwahter. Amanda, resided together at 310 Weot Allen Street,
Mechanicsburg, Cumberland County, Pennsylvania from December
199A to July 1995.
3. Defendant and her minor daughter last resided in
Dauphin County in December 1993 when Defendant subsequently
sought a Protection Form Abuse Order against Plaintiff.
/+. Pa. R.C.P. 1915.2 provides that venue in a cuotody
action may be brought in any county:
(1)(i) which is the home county of the
child at the time of commencement of
the proceedings, or
(ii) which had been the child'a home
county within six months before commence-
ment of the proceedings...
5. Cumberland County is the home county of the child
for these proceedings ao it is the county of her residence
at the commencement of these proceedingu and it has been her
home county for six months before commencement of the
proceedingo.
b. Cumberland County is the County with the most
significant contact with the Defendant and the minor child
as it is the County of their residence for almost two years
and it is the County in which the child attends day care and
preschool and it is tho County (where the minor child'o
friends, companions, and extended family reside.
7. At paragraph 5 of Plaintiff's Custody Complaint,
Plaintiff admits as much that the home county in this matter
is Cumberland County. (Exhibit "A")
WHEREFORE, Defendant respectfully requests that this
Honorable Court grant the within Petition to transfer the
case to Cumberland County, Pennsylvania pursuant to Pa.
R.C.P. 1915.2.
II. Strike P1aLntiP!'s Petition to Proceed
In Forua Pauperiu
8. Paragraphs 1 through 7 are incorporated herein.
91 Plaintiff hag been gainfully employed by Allied
Erecting and Dismantling Company since July 1995 and hie
wages have been attached pursuant to an Order of this Court,
See Attached Exhibit "S" Record of Payment through Dauphin
County Domestic Relations office.
10. On or about March 2, 1995, Plaintiff retained
private' counsel, Attornev Charles E. Petrie of Harrisburg.
Pennsvlvania, to commence a divorce action in Cameron
Countv, Pennovlvania. (See Exhibit "C"')
11. It Is Defendant's belief that Plaintiff paid a
monetarv retainer/fee for Attornev Petrie's services and
continues to pay for the said legal services of Attorney
Petrie.
12. On or about September 13, 1995, Plaintiff filed
with this Honorable Court his Certificate of Indigenoy which
was signed and verified sub.iect to the penalties of IS Pa.
C.S. Section 6906, relating to unsworn falsification to
authorities. (Attached as Exhibit "D")
13. Contained in Plaintiff's verified Certificate of
Indinencv, Plaintiff intentionally misstated hie statue of
emplovment with the intent to mislead this Honorable Court
in the hoped-for grantins of his Petition to Proceed in
Forma Pauperio.
IA. On September 21, 1995- the Honorable Joseph H.
Kleinfelter granted Plaintiff's prayer to proceed in forma
pauoeris. (Exhibit "E")
WHEREFORE, Defendant respectfully requests that this
Honorable Court grant the within Petition to Strike
Plaintiff's Petition to Proceed In Forma Pauperie and vacate
ito Order granting same and to further cause to investigate
Plaintiff's false representations to this Honorable Court
pursuant to 18 Pa. C.S. Section 4904.
Dated: 11 ()CT (1S"
Respectfullv submitted:
qlw? -A, -,.? (I.. 1??
i sa Marie Covne J Esquire
ttorney y For Defendant
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0664
Pa. S. Ct. No. 53788
PkU?n ?i6?? Who rouidell at 11 Vlylsi0n1 S"f
?j lu UTIA oln PA.
5. Iluring the hart I ive years, the child/felt have
resided with the following person:: and at the following
addresses:
Persons
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717.561.1939
BRIAN S. KELLY, IN THE COURT OF COMMON PLEAS
Plaintiff CAMERON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NUMBER:
PAULA A. KELLY,
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against:
the claims set forth in the following pages, you must take prompt:
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
office of the Prothonotary, Cameron County Courthouse, Emporium,
PA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
DAVID J. REED, PROTHONOTARY
CAMERON COUNTY COURTHOUSE
EMPORIUM, PA 15034
(014) 406-3355
,
t ) ?, i .
BRIAN S. KELLY,
Plaintiff
Va.
PAULA A. KELLY,
Defendant
t IN THE COURT OF COMMON PLEAS
t CAMERON COUNTY, PENNSYLVANIA
CIVIL M.'FLUN - I'mo
NUMBER:
IN DIVORCE
COMPLAINT UNDER SECTION 3301(a) OF THE DIVORCE CODE
1. Plaintiff is BRIAN S. KELLY, who currently resides
at 5073 Stacey Drive East, Apartment 104, Harrisburg, County of
Dauphin, Pennsylvania, since June, 1994.
2. Defendant is PAULA A. KELLY, who currently resides at
310 West Allen Street, Mechanicsburg, County of Cumberland,
Pennsylvania, since December, 1994.
3. Defendant has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this complaint.
4. The plaintiff and defendant- were married on September
20, 1990, in Mechanicsburg, County of Cumberland, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
G. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available
and that plaintiff may have the right to request- that the court
require the parties to participate in counseling.
8. After ninety (90) days have elapsed from the date of
)<. the filing of this Complaint, plaintiff intends to file an
k..
Affidavit- consenting to a divorce. Plaintiff believes that
defendant may also file such an affidavit-.
WHEREFORE, if both parties file affidavits consenting to a
divorce after ninety (90) days have elapsed from the date of the
filing of this Complaint, plaintiff respectfully request's the
Court to enter a decree of divorce pursuant to sect-ion 3301(c) of
the Divorce Code.
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of le Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
B&A V,f
HRIAN S. KELLY, P INTIFF
Date;! J. /Pff
C?11
CHARLES E. PETRIE
3520 Orisban Street
Harrisburg, PA 17111 1
(717) 561-1939 I '
ATTORNEY FOR PLAINTIFF!
BRIAN S. KELLY, IN THE COURT OF COMMON PLEAS
Plaintiff ; CAMERON COUNTY, PENNSYLVANIA
t CIVIL ACTION - LAW
VS.
-
NUMBER: 96
PAULA A. KELLY,
Defendant IN DIVORCE
AFFIDAVIT OF NON-MILITARY SERVICE
I, Plaintiff herein, do hereby depose and say that I am
advised and believe that the above named Defendant is not
presently in the active military service of the United States of
America and I aver that the Defendant is not a member of the Army
of the United States, United States Navy, the Marine corps, or
the Coast Guard, and is not an officer of the Public Health
Service detailed by proper authority for duty with the Army or
Navy; nor is Defendant- engaged in any military or Navy units
covered by the Soldiers and Sailors Civil Relief Act of 1940 and
designated therein as military service; nor has Defendant, to the
best of my knowledge, enlisted in the military service covered by
this act.
This Affidavit is made under the provisions of the Soldiers
and Sailors Civil Relief Act of 1940.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 10 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities. C '/ n n n
r JY /Sj1' M J , I') VJC??
DATE BRIAN S. KELLY,
PLAI TIFF
I
S. ftaq
Pla ntifr
PAULA
Defendant
IN THE COURT OF COMPION PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NU. S 199
CIVIL ACTION - LAW
CUSTODY ACTION
IETITION FOR LEAVE TO PROCEED IN FORMA PAUP£ IB
TO THE HONORABLE JUDGES OP SAID COURT:
Pursuant to Pa. R.C.P. No. 240, 1 hereby certify that I
am without financial resources to pay the costs associated with
my custody case, and therefore believe that I am entitled to
proceed in farina pauperis. In support of my petition, I have
attached to it a certification of indigency and incorporate it
herein by reference, a certification which fully and truthfully
describes my overall financial condition at the present time.
WHEREFORE, the undersigned asks leave of court to
proceed In fornw pauperis, without the need to pay any costs in
connection with the in0tant custody/visitation action.
Respectfully :submitted,
g-?-05
Hate
1'etll'Ioncr, I1I`II e
.(/!X. ?I^/I
`? X
V?I ?? U1?L?y IN Till-" COURT of COMMON PIXAS
Plaint ff DAUPHIN COUNTY, PENNSYLVANIA
V. No. S 199
PI[UL , 1 ????? CIVIL ACTION - I.AW
Defendant CUSTODY ACTION
CERTIFICATE OF INDIGENCY
i
1. I am the (plaintill) (defendant) in the above
matter and because of my financial condition am unable to pay the
fees and costs of prosecuting or defending the action or
proceeding.
2. I am unable to obtain funds from anyone, including
my family and associates, to pay the costs of litigation.
3. I represent that the information below relating to
my ability to pay the fees and costs is true and correct:
(a) Name: v 5. V16M
Addrunss: 56-A SMC6tj Da LYI6_r A el 101-1
1-. ----
Social Security Number:
(b) Employment
It you are presently employed, state
1{mp l oyes:
11,11,111 nr wn?ler p? r month:
Type Of work:
II yUl, .ire I11 er.enl.IY inu.m),loyoll,::t'ate
Irate ul la::f- rmployment:
Salary or wagon per month: •T10"9_ Au 1t17Ur<
(c) Othor ittcomo within Chu past twelve monthu
DUeiness or profesnion: `-
Other self-employment:
litferesC:,: '-
Dividends: _
I'enuiulln and annuitie.::: -
;ocial Security benelitu: -
Support payment::::
Disabi I Sty payment.;: ?31aOcvot l1!?d wGL?i6. UtJrll 4 q5
Unemployment compensation and supplemental
•?2 vy
beneliCn: 0_ l/ttlY_TWO Wr6il-S, MTIL ?• 915
Workman's compensation:
Public Assistance: --
food stamps per month (overage)
Ol.her: r-
(d)
Other contributions Lo your household support
(Will!) (Ilur.haltcl) Name;
11 your (wife) (husband) is employed, state
Iinlployel ;
!ta 1 ary or walla:; pet 1111111th:
Type of work: ?-
Coital-iUUtiolts 110111 rhlldren:
COW I. i hilt i nnn I rnnl p'l I I'llt
Of hrrl- 4'11111 1 1hill lull,.: ~?'
(e) Property owned
?
t
-------
Cash:
.i0,.
t"'
----
Checking account'-
t'
account: $Q.00
savings
Certificates 01 deposit:
:
Real estate (including home)
/
CIa
P
P
CtY,Yaar
ANa
ONtIAc_-
Motor vehicle: Make
- -
(AGM
?goo ct-
c]u:;L' Amount Owed $ ----
stocks: bonds:
Other: - -- --- --
(f) Debts and obligations - average per month
Mot'L'gagc: ?- _-- __-
c
U
t
:
Ren
Loans: ?IOU._60?_._m-Qn/r>1 ------
Ciething: ?- -
mLctricity:
Gas: ---- -- -
Tv IItIAll ni•: ------ - - - --------
rran::p,,rt.aLioil:
I'ood : 9CO GO A Imulu ?,
otnar:
(?I) 1,•t:unr.; ,Iolnvttlent upon you fur rul,pot•L
c'h: lit I i.o. 11 ony:
Name: 6fimi C. kLLLI
aM ; . Age: 3
Other Persons:
Name:
Relat•ionshlp:
4• 1 understand that I have a continuing obligation to
Inform the coilrC of improvement in my financial circumstances
which would permit me to IPay the costs incurred herein.
?• 7 verify that the statements made in this affidavit
aare true and r_orrect• I understand Chat' false statements herein
rr'e being made subject to L'he ponnlCie:; of lri §4904,
c1aC[nc7 Co unsworrt falsification Co auChoriCies.
Date 5 V
?
letlL'1olter -" _ _
f.
?.. IAN S . VLC(,y
Plaintiff
v.
PAvQ4 V-,?uY
Defendant
11,
IN TIM COURT ON COMMON PWiAU
DAUPHIN COUN'T'Y, P15N145YIMANIA
2 NO,L.? )pC? Il 199!)
CIVIL ACTION - I.AW
CUSTODY ACTION
ORDER GRANTING hITVL TO I?ROCL'pU 1N_F'0121i)1__j?TU1'FRI(3
TND NOW, Lltls .ti l rl day o(''. C_/r1Jt?:1?L1L! _r 1ov
r
upon presentation and cone.idoratiot, of the within petition and
attached Certification, we grant Cho reliel prayed for, and grant
Petitioner leave to proceed with this cage in forma pauporis,
without the need to pay any costs connected therewith, all of
which is pursuant to Pa.N.C.P. No, 240.
DY TIM COUI2TI
Sit , .
r"`x r F
' VURiricATloN
The facto set forth in the foregoing are true and
correct to the beet of the undersigned'a knowledge,
information and belief and are verified subject to the
penalties for unsworn falsification to authorities under 18
Pa. C.S.A. Section 4904.
CERTIFICATE OF SERVICE
I, Lisa Marie Coyne. Esquire, do herebv certifv that a
true and correct copy of Rule To Show Cause was served the
101- day of October, 1995, by first clasp mail. postage
prepaid, upon those listed below:
Mr. Brian S. Kelly
5073 Stacey Drive East. Apt. 104
Harriobura, PA 17111
Mark T. Silliker, Esquire
206 State Street
Harrisburg, PA 17101
II a?rtiS'
,U a Marie Coy a. Esquire
tornev For D fendant
3901 Market Street
Camp Hill, PA 17011-A227
(717) 737-04611
Pa. S. Ct. No. 53780
110%wmr.n.. an,.. ,......, ... ,
.,,,
Exhibit 0
w
A''Z3
,r
.p&S.AN. A l...KMLXA ................................... -
.................................... P)A.n4us...............
va.
_....
.Ph.V.GA..A.,...1591 AX.1 ...............................
Defendant
...................
No...... .2QQ...5..1.9.95 .................... .
....................................................................... / ......................................................................
...................................................................................................................................................
............. P.1alatiff...harp-by .. uLthdraws..•the-•Custody..Complalat............................
...t4..number . .......................................................................
....................................................................................................................................................
To Robert A. Fulna ?
4?t.4.b€F....1............_ .................... I9.9
.... Anorney !o? Plunuff
In do Gaut of COMMON PLEAS of
DoupWn County
of ....................................................Tutru, ?o
YI\r?V ?I?Ir?w.ri. .N.. ?ryVl??'rriNM nN?f?V ?i ? r. ??
ExhlbN C
Lomr,
pol
PAULA A. KELLY, i IN THE COURT OF COMMON PLEAS
Petitioner s DAUPHIN COUNTY, PENNSYLVANIA
t
V. t No. 1274 S 1994
t CIVIL ACTION - LAW
BRIAN S. KELLY,
Respondent PROTECTION FROM ABUSE
No. 9L1 - :? ?9,;k C1 V) TQrn1
NOTICE TO PETITIONER OR WITNESS: IMMEDIATELY CALL THE POLICE
(911) IF THE RESPONDENT
VIOLATES THIS PROTECTIVE
ORDER.
^PROTECTIVE OnRDE,,R. n
AND NOW, this pct y of l/41?L , 1994, after a
hearing in this matter and upon finding/ that Petitioner has been
abused within the meaning of the Protection From Abuse Act and is
in danger of further abuse from Respondent, the following order
is entered:
1. Respondent is prohibited from approaching,
abusing, harassing, or threatening Petitioner, or placing her in
fear of abuse, either physically or verbally, wherever she may
be.
2. Respondent is prohibited from entering, attempting
to enter, or remaining in the premises at 111 Hummel Avenue, Apt.
], Lemoyne, possession and control of said premises being hereby
declared to be exclusively in Petitioner. Should Respondent
enter, attempt to enter, or remain in the premises in violation
of this Order, the Sheriff or local law enforcement agency shall
forthwith eject him from the premises and place him under arrest
X? L'
for indirect criminal contempt. should Petitioner choose to
establish another residence in the commonwealth, Respondent shall
also be excluded from that residence.
7. Respondent is prohibited from having any contact
with Petitioner, including entering or telephoning Petitioner's.
home, school or place of employment. Any contacts believed by
Respondent to be necessary shall be made either through legal
counsel or by non-threatening mail addressed to Petitioner's home
address. Respondent may contact Petitioner for legitimate
purposes concerning the child of the parties.
4. Respondent is prohibited from stalking Petitioner
as that term is defined in the Crimes Code, 18 Pa. C.S. §2709.
5. Petitioner is awarded primary physical and legal
custody of the parties' minor child, Amanda Catherine Kelly, born
April 15, 1992. Respondent is permitted to have reasonable
visits with the minor child according to the following schedule:
every other weekend from Friday after school until Sunday at noon
commencing the weekend of April 15, 1994, and every Monday,
Wednesday, and Friday from after school until 8:00 p.m.
6. Respondent is directed to enroll in a private or
publicly funded professional psychological counselling program
concerning domestic violence and Respondent's history of abusive
conduct toward Petitioner within two (2) weeks of the entry date
of this order and shall remain in such counselling until
Respondent's therapist has determined that no further benefit is
likely to result from the continuation of such counselling. If
it is determined that Respondent also has a drug or alcohol
problem, Respondent is further directed to enroll and participate
in a professional treatment program for alcohol/substance abuse.
Proof of Respondent's compliance with these provisions shall be
filed with the Court within thirty (30) days of the entry date of
this order.
Respondent is hereby notified that, pursuant to 23 Va.
C.S. y6113(g), should he begin living with Petitioner contrary to
the provisions of this order, he may be in indirect criminal
contempt punishable as set forth below. The consent of
Petitioner for Respondent to visit or live with her shall not
invalidate this order or otherwise make it unenforceable.
Respondent shall seek modification or termination of this Order
before commencing or resuming any cohabitation with Petitioner.
This order shall be enforced by any law enforcement
agency in any county where a violation has occurred. An arrest
for violation of this order may be without warrant upon probable
cause whether or not the violation is committed in the presence
of a police officer. 23 Pa. C.S. §6113(a). Prosecution for
indirect criminal contempt shall not preclude prosecution for
underlying criminal charges.
Should the court find that Respondent has violated one
or more provisions of this order, he will be adjudged guilty of
indirect criminal contempt and may be sentenced to pay a fine of
up to one thousand dollars ($1000.00) or serve a jail sentence of
up to six (6) months, or both, and may include other relief.
THIS ORDNR SHALL REMAIN IN FULL FORCE AND EFFECT
FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF ITS ENTRY.
BY THE COURT:
' 1 gAl"AAC00 ?? J,.
Hon. Richer A. L is
Petitioner
Respondent
Harrisburg Police Department
Cumberland County Control
Lemoyne Police Department
File
C
1
, herd
Y cotpif al the 18 Kf
. andcorroctttCO', o? or?9 n-99 i'6. M
,
I 1 I the ari90,nj
TRUE COPY FROM REConD
In l os(imony whoteul, I here unto sol my hand
111U lho seal ol said Caut( at Carlisle, Pa.
ihl?? lb day aj?, is
?y
X211 Agu2
?=?-Protlionuwy
w nub \Iw •wwr m w fOW R1 wh. swuraw w. wwwr rwrr
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Exhlbll D
V
PAULA A. KELLY, :
Petitioner
V. :
BRIAN S. KELLY,
Respondent
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
No. /'? *2 4 S 1994
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you must
appear at the hearing scheduled herein. You are warned that if
you fail to do so the case may proceed without you and an Ordor
may be entered against you for the relief requested in the
Petition. You may lose money or property or other rights
important to you.
If a copy of the TEMPORARY ORDER is attached, you must
obey it until the hearing. If you do not obey it, the police can
arrest you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER T ONCE. YOU
HAVE A RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING.
IF YOU DO NOT HAVE AN LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY
GET LEGAL HELP.
"ISO PARK DEFENBA
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted quiere
defenderse do las reclamaciones descritas an las paginas
siguientes usted dabs asistir a la vista qua esta citada an enta.
Usted esta siendo advertido de qua si falla an asistir a la vista
el caso procedera sin usted y una Orden puedo ser expedida an
contra suya pare. el remedio solicitado an la peticion. Usted
puede perd1r dinero o propiedad u otros derechos importantes pars
usted.
Si la copia de una Orden Provisional sate adjunta usted
debe obedecerla haste qua la vista as lleve a cabo. Si usted no
no la obedece la polieia to puede arrestor.
Usted debe llevar este documento a su abogado
enaeguida. Usted tiene derecho a tener un abogado qua to
represents en Is vista. Si no tiene un abogado o no tiene dinero
para unoi vaya llama a Is siguiente oficina donde le informaran
donde conseguir ayuda legal.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
PAULA A. KELLY, IN THE COURT OF COMMON PLEAS
Petitioner DAUPHIN COUNTY, PENNSYLVANIA
V. No. S 1994
CIVIL ACTION - LAW
BRIAN S. KELLY,
Respondent PROTECTION FROM ABUSE
NOTICE TO PETITIONER OR WITNESS: IMMEDIATELY CONTACT THE POLICE
(911) IF THE RESPONDENT
VIOLATES THIS PROTECTIVE
ORDER.
TEMPORARY PROTECTIVE ORDER
AND NOW, this 611c day of alf71 , 1994, upon
presentation and consideration of the within Petition, it is
hereby ordered as follows:
1. Respondent is prohibited from approaching,
abusing, threatening, or harassing Petitioner, either physically
or verbally, wherever she may be.
2. Respondent is excluded from 111 pummel Avenue,
Apt It Lemoyne, Petitioner's current residence, and any
residence which Petitioner may occupy while this order remains in
effect. Respondent is prohibited from entering or attempting to
enter such premises or any other residence Petitioner may choose
to establish.
3. Respondent is prohibited from having any contact
with Petitioner, including entering or telephoning Petitioner's
home, school or place of employment.
4. Respondent is prohibited from stalking Petitioner
as that term is defined in the crimes Code, 10 Pa. C.S. 92709.
5. Petitioner is awarded temporary primary physical
and legal custody of the parties' minor child, Amanda Catherine
Kelly, born April 15, 1992.
6. The Prothonotary, Sheriff, and local law
enforcement agencies are directed to accept, file and serve
copies of this Petition and order without prepayment of costs.
7. A certified copy of this order shall be served on
the Harrisburg City Police Department if said department is
within the appropriate jurisdiction for Petitioner's residence
and/or school or place of employment, or on Dauphin county
control as to any jurisdiction within Dauphin County but outuide
the City of Harrisburg. Should the police coma into contact with
Respondent, and should Respondent allege that he has not been
served with this order, the police officer shall immediately
serve the Order upon him.
a. This order shall be enforced by any law
enforcement agency in any county where a violation occurs. As
provided in 23 Pa. C.S. §6113(a) of the Act, "[a)n arrest for
violation of an order issued pursuant to this act may be without
warrant upon probable cause whether or not the violation is
committed in the presence of the police officer."
9. Respondent is hereby notified that if lie violates
this order, he may be held in indirect criminal contempt, which
is punishable by a fine of up to $1000.00 and/or by a jail
sentence of up to six (6) months.
10. A hearing on th s matter is scheduled for the
I day of rl , 1994, at :r' 1 _11_.M.,
in Court Room No. 4, Dauphin County Courthouse, Front & Market
Streets, Harrisburg, Pennsylvania.
BY THE COURT:
l5l LhfkA& 6 ' 2LLtll15 ,.T.
Hon. Richard A. Low is
DISTRIBUTION
Petitioner
Sheriff for Respondent
Harrisburg Police Department
Lr-tl 19
1 licroby c?r1111y lh^t tho foregoing Ism
true and canoct ec? ( of thu original
I trd. 1 \
.1. e1
Pl lh olary
PAULA A. KELLY,
Petitioner
V.
BRIAN S. KELLY,
Respondent
i
i
t
t
t
s
i
t
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
No. S 1994
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
TO THE HONORABLE JUDGES OF SAID COURTt
The Petition of Paula A. Kelly, by her attorneys, Allen
E. Rose, Jr., Esquire and Central Pennsylvania Legal services,
pursuant to the Protection from Abuse Act, 23 Pa. C.S. §§6101, gt
sea., ag amended, respectfully represents as follows:
1. Petitioner is an adult individual presently
residing at 111 Hummel Avenue, Apt. 3, Lemoyne, Cumberland
County, Pennsylvania 17043.
2. Respondent is an adult individual who is believed
to be presently residing at 638 S. 26th Street, Harrisburg,
Dauphin County, Pennsylvania 17111.
3. The relationship between Petitioner and Respondent
is that of estranged husband and wife.
4. Petitioner and Respondent are the natural parents
of the following minor child, Amanda Catherine Kelly, born April
15, 1992.
5. Petitioner is employed by Capital Nursing and
Support, with approximate net earnings of $453 bi-weekly.
6. Respondent is employed at Conrail, with
approximate net earnings of $410 weekly.
7. Respondent has engaged in abusive conduct toward
Petitioner as such conduct is defined in the Act. Uamples of
said conduct include, but are not limited to, the following:
a. On or about April 4, 1994, Petitioner arrived
at Respondent's residence to pick-up the
parties' minor child. Respondent pressed on
Petitioner's fingers to stop her from locking
the car door and then grabbed her arm to
prevent her from getting into the vehicle to
leave.
b. on or about April 3, 1994, Respondent
squeezed Petitioner's hand to attempt to Uet
her keys from her. When Petitioner attempted
to leave with the parties' daughter,
Respondent grabbed Petitioner's arm, bruising
it, and took the parties' daughter from hur.
As a result of his abusive conduct, a
neighbor telephoned the police and Respondent
has a harassment charge pending.
C. Approximately one week ago, and on numerous
other occasions, Respondent has told
Petitioner if he could, he would blow her
head off.
d. In approximately December 1993, Respondent
grabbed Petitioner's neck and slammed her
into a wall. Respondent then slammed
Petitioner to the floor, causing liar to
momentarily lose consciousness.
e. There have been numerous other incidents
where Respondent has treated Petitioner
abusively to one degree or another.
8. As a consequence of the above, Petitioner is
afraid of Respondent and believes that she is in immediate and
present danger of further abuse and harassment from him.
Petitioner is in need of, entitled to, and desires protection
from such abuse.
9. Petitioner has no information concerning other
litigation regarding the custody of the parties' minor child
in this or another court.
lo. Petitioner, who has been the child's primary
caretaker since birth, believes that it is in the child's besL
interest and welfare that she be granted custody of her.
i;HEREFORE, pursuant to the Protection from Abu:-e
Act, Petitioner prays your Honorable Court to:
I. Immediately enter a temporary order, pursuant to Section
5 (b) of the Act, 23 Pa. C.S. §6107(b):
A. Directing Respondent to refrain from approaching,
abusing, harassing, or threatening Petitioner,
physically or verbally, wherever she may be;
B. Excluding Respondent from Petitioner's current
residence and any residence which she may occuloy
while this order remains in effect;
C. Prohibiting Respondent from having any contact
with Petitioner, including entering or telepho;iing
her home, school or place of employment;
D. Prohibiting Respondent from stalking Petitioner as
that term is defined in the crimes Code, 10 Pa.
C.S. §2709; and
E. Awarding custody of the parties' minor child to
Petitioner.
II. After hearing, and pursuant to Section 1 of the Act,
23 Pa. C.S. §6100, enter a final protection order continuing the
relief set forth above, for a period of one (1) year, and further
requiring that Respondent:
A. Pursuant to section 5(d) of the Act, 23 Pa.C.S. 5
6107(d), pay all taxable costs of this action;
D. Pay attorneys fees for the use of the County of
Dauphin in the amount of $250.001 and
C. Allow Petitioner to peacefully retrieve her
personal possessions and those of the minor child
from Respondent's residence with the aid of a
local law enforcement officer.
Respectfully// submitted,
CENTRAL PENXSYLVANIA LEGrIL--gERVICED
April 5, 1994
n E. Rose, r., Esqu re
ttornNoNys po Poip4Y??
HarrleburgllAbH17101
(717) 232-0501
VERIFICATION
I am the Petitioner in this Petition for Protection from.
Abuse. I do not have the funds available to pay the costs of
filing and service of this action at the present time.
I verify that the statements made in this Petition are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.B.A. §4904, relating to unsworn
falsification to authorities.
?5 19t1 4L& a
q15
Date Paula A. Kellyff Petitioner
CERTIFICATE OF BBRVICE
I, Lisa Marie Covne. Esquire, do hereby certify that a
true and correct copy of Defendant's Answer To Complaint For
Temporarv Physical Custody was served the .17V% day of
October, 1995. by first class mail, postage prepaid, upon
those listed below:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
Dated: 21 NoJ 95
a Marie Coyn Esquire
torney For De ndant
3901 Market Street
Camp Hill. PA 17011-4227
(717) 737-0464
Pa. B. Ct. No. 53788
O
BRIAN S. KELLY,
Vs.
PAULA A. KELLY,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 95-6077 CIVIL TERM
CUSTODY
ORDER OF COURT
AND NOW, this day of JAI , 1995,
upon consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. The Father, Brian S. Kelly, and the Mother, Paula A. Kelly,
shall have shared legal custody of Amanda C. Kelly, born April 15, 1992.
2. The Mother shall have primary physical custody of the Child
subject to the Father's partial custody schedule as follows:
A. The Father shall have physical custody of the Child on
alternating weekends from Friday afternoon through Monday
morning. The Father shall pick up the Child from her
childcare provider on Friday afternoon any time after
2:30 p.m. and shall transport the Child to either her
preschool or the childcare provider on Monday morning.
The Father's weekend schedule shall begin on December B,
1995.
B. The Father shall have custody of the Child during weeks
following the Father's weekend custody on Tuesday after
2:30 p.m. until Wednesday morning. The Father shall pick
up the Child from her childcare provider any time after
2:30 p.m. and shall return the Child to the childcare
provider or preschool on Wednesday morning.
C. During weeks following the Mother's weekend custody, the
Father shall have custody of the Child from Tuesday
through Thursday. The Father shall pick up the Child
from her childcare provider on Tuesday any time after
2:30 p.m. and shall return the child to her childcare
provider before 4:30 p.m. on the following Thursday.
D. The Father shall have physical custody of the Child
during one uninterrupted week each summer upon providing
notice to the Mother by May 1 of each year.
3. The parties shall share physical custody of the Child on
holidays as follows:
A. The Father shall have custody of the Child in even
numbered years as follows:
(1). Christmas Eve from 12:00 noon through Christmas Day
at 12:00 noon.
(2). New Years Eve from 12:00 noon until New Years Day
at 12:00 noon.
(3). Easter Day from 12:00 noon until 7:00 p.m.
(4). July 4th from 10:00 a.m. until 7:00 p.m.
(5). Halloween trick-or-treat night at times to be
arranged by mutual agreement of the parties.
B. The Father shall have custody of the Child in odd
numbered years as follows:
(1). Christmas Day from 12:00 noon until December 26 at
12:00 noon.
(2). New Years Day from 12:00 noon until 7:00 p.m.
(3). The day before Easter from 12:00 noon until Easter
Sunday at 12:00 noon.
(4). Memorial Day from 10:00 a.m. until 7:00 p.m.
(5). Labor Day from 10:00 a.m. until 7:00 p.m.
(6). Thanksgiving Day from 10:00 a.m. until 7:00 p.m.
C. The Father shall have custody of the Child in every year
on Father's Day from 10:00 a.m. until 7:00 p.m.
D. The Mother shall have custody of the Child in even
numbered years as follows:
(1). Christmas Day from 12:00 noon until December 26 at
12:00 noon.
(2). New Years Day from 12:00 noon until 7:00 p.m.
(3). The day before Easter from 12:00 noon until Easter
Sunday at 12:00 noon.
(4). Memorial Day from 10:00 a.m. until 7:00 p.m.
(5). Labor Day from 10:00 a.m. until 7:00 p.m.
(6). Thanksgiving Day from 10:00 a.m. until 7:00 p.m.
E. The Mother shall have custody of the child in odd
numbered years as follows:
(1). Christmas Eve from 12:00 noon until Christmas Day
at 12:00 noon.
(2). New Years Eve from 12:00 noon until New Years Day
at 12:00 noon.
(3). Easter Day from 12:00 noon until 7:00 p.m.
(4). July 4th from 10:00 a.m. until 7:00 p.m.
(5). Halloween trick-or-treat night at times to be
arranged by mutual agreement of the parties.
F. The Mother shall have custody of the Child in every year
on Mother's Day from 10:00 a.m. until 7:00 p.m.
G. On the Child's birthday in each year, the non-custodial
parent shall have a period of custody up to a maximum of
three (3) hours at times to be arranged by mutual
agreement of the parties.
4. The Father shall provide his work number to the Mother
promptly upon receipt from his employer.
5. Telephone calls between the parties shall be limited to
discussions specifically concerning the Child.
6. Neither party shall interfere with or contact the other party
except as necessary to carryout the provisions of this Agreement.
7. The parties realize that their Child's well being is
paramount to any differences that they have between themselves. Neither
party shall do anything which may estrange the child from the other parent
or injure the opinion of the Child as to the other parent or which may
hamper the free and natural development of the Child's love or respect for
the other parent.
8. The holiday custody schedule set forth in this order shall
supersede the regular custody schedule.
9. This Order is entered pursuant to an agreement of the parties
at a Custody Conciliation Conference. The parties may m6dify the terms of
this Agreement by mutual consent. In the absence of mutual consent, the
provisions of this order shall control.
BY THE COURT, J
cc: Charles E. Petrie, Esquire
Lisa M. Coyne, Esquire
$ 'f'.
BRIAN S. KELLY,
Va.
PAULA A. KELLY,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-6077 CIVIL TERM
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN AOOORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PRO MM
1915.3-8, the undersigned custody conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the
subject of this litigation is as follows:
NAME DATE OF BIRTIR CURRENTLY IN CUSiO)Y OF
Amanda C. Kelly April 15, 1992 Defendant/Mother
2. A Conciliation Conference was held on November 28, 1995, with
the following individuals in attendance: The Father, Brian S. Kelly, with
his counsel, Charles E. Petrie, Esquire, and the Mother, Paula A. Kelly,
with her counsel, Lisa M. Coyne, Esquire.
3. The parties agree to the entry of an Order in the form as
attached.
i/ f-P d J ,.4-g
DATE Custody Conciliator
S?r4x
??, yI
BRIAN S. KELLY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
va. : NO. 95-6077 CIVIL
PAULA A. KELLY,
Defendant
: CIVIL ACTION - LAW
: CUSTODY ACTION
am=
AND NOW this _fj_?Ity of ?, 1996, upon consideration of the anuched
Petition, it is hereby ordered and decreed that Lisa Marie Coyne, Esquire may withdraw as of
record counsel to Paula A. Kelly in this matter and that this Order shall be entered as of record and
no further requirement to file a Praecipe shall be required of Attorney Coyne
By the Court, f
Lisa Marie Coyne, Esquire ! C >~c n..a? f 8 8 ?9 b .
Ms. Paula A. Kelly ''1 3'.
FILED-OFFICE
OF If F Pr( ITHON.OT4gY
96 AUG -7 Fti 3194
E1? PENNSI'L MI A
BRIAN S. KELLY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6077 CIVIL
PAULA A. KELLY, : CIVIL ACTION - LAW
Defendant : CUSTODY ACTION
AND NOW this _day of 1996, a Rule is hereby issued on Ms. Paula
Kelly and all parties hereto to show cause why Lisa Marie Coyne, Esquire should not be permitted
to withdraw as counsel for Paula Kelly, the Defendant.
This Rule is returnable
By the Court,
Dated:
Lisa Marie Coyne, Esquire
Ms. Paula A. Kelly
BRIAN S. KELLY,
Plaintiff
vs.
PAULA A. KELLY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6077 CIVIL
CIVIL ACTION - LAW
CUSTODY ACTION
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES Petitioner, Lisa Marie Coyne, Esquire and respectfully requests this
Honorable Court to permit her to withdraw as counsel for Paula A. Kelly, the Defendant, for the
following reasons:
Ms. Kelly retained the professional services of the Petitioner, Lisa Marie Coyne,
Esquire, who entered her appearance on behalf of Ms. Kelly.
2. Subsequent to the entrance of Petitioner's appearance, Petitioner has requested
payment for professional services rendered.
3. Ms. Kelly has repeatedly failed to make payment on the professional services due
and owing to Petitioner.
4. Ms. Kelly hu been given reasonable advance warning that Petitioner will withdraw
from the case because of the above-stated reasons.
5. There is no pending outstanding action in this case.
WHEREFORE, Petitioner, Lisa Marie Coyne, Esquire respectfully requests that this
Honorable Court allow her to withdraw as counsel for Paula Kelly per Pa. R.C.P. 1012.
Respectfully submitted, )
Dated: P R ALC- R 6 __'----
'301 Market Street
amp Hill, PA 17011
(717) 737-0464
Pa. S. Ct. No. 53788
1, Lisa Mario Coyne, Enquire, do hereby certify that a true and correct copy of Petition To
Withdraw Appearance Pursuant To Pa. R.C.P. 1012 and Rule To Show Cause was mailed this
2 day of , 1996 by first class mail upon those listed below:
Ms. Paula A. Kelly
812 Division Street
( =11tam. PA 17027
Dated: 4'Z L, M L
A MARLOYNE wire
901 Market Street
Camp Hill, PA 17011.4227
(717 737-0464
Pa. S. Ci. No. 53788
y. RI
k ,l
1 •_?
Pcukkt
uIc' fTttE(trL{Plaintiff
v.
• (?rla) Ij y !I?
Defendant
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
:PENNSYLVANIA
CIVIL ACTION LAW
NO. wo7 7 CIVIL 1911 `")
CUSTODY VISITATION
And now, this Q - `- (Cj upon consideration of the attached complaint, it is hereby directed
that the above parties and their respective counsel appear before NJ 14 -)1 . ?' co Ad ,
Esquire, the conciliator, at 12)c \,• L I ' L ( ` ' r
Pennsylvania, on the ILL day of rly ? rx t I 1999, at _f r. c A.M P.Iv?.,
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 be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By: ??tltl'/l .Lllt,c?rZt? 1A.
Custody Conciliator
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249.3164
1-800-990-9108
Gf "TPAY
99 .1111. 14 IM 31 53
CUldC hU; vu CCJM
PENINSYL1'?ti A
7 ivr?' ??! Milts may` ?,?
JUI. - 7 199,?
PAULA A. KELLY, IN THE COURT OF COMMON PLEAS
(PAULA GAFFNEY) : CUMBERLAND COUNTY,
PLAINTIFF PENNSYLVANIA
V.
NO. 95-6077
BRIAN S. KELLY CIVIL ACTION CUSTODY
DEFENDANT
ORDER OF COURT
You, BRIAN S. KELLY, have been sued in court to MODIFY custody of the child,
Amanda C. Kelly
You arc ordered to appear in person at
on ?I?I/Sl I? ,at I.CO ,irl (or:
A. A conciliation or mediation conference.
B. A pre-trial conference.
C. A hearing before the court.
If you fail to appear as provided by this order, nn order for custody, partial custody or
visitation may be entered against you or the court may issue n warrant for your anest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, 1F YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONI:, GO -1-0 OR TELEI'HONl- 1'1113 OFFICE
SET I'ORTH BELOW TO FIND OUT Wl11?RI YOtI CAN Gl--T 1..EGA1. IWIT.
Cu m ber lan 1 o nuy Lawycr Referral Service
.2 L ibert y Ave nuc
.Stu lisle . PA 1 7013
( 2)2 49-31 66
By The Court.
Date:
J.
PAULA KELLY,
(PAULA GAFFNEY)
PLAINTIFF
VS.
BRIAN S. KELLY,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 95-6077
t CIVIL ACTION-CUSTODY
1. The petition of Paula Kelly , respectfully represents that on December 4. 1995 ,
an Order of Court was entered for CUSTODY, a true and correct copy of which is attached.
2. This Order should be modified because: The current visitation in place for Defendant is
not_inthe child's best interest..
WHEREFORE, Petitioner requests that the Court modify the existing Order for
CUSTODY because it will be in the best interest of the child.
D Walk
ttomey for Petitioner
verify that the statements made in this complaint are trite and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unswom falsification to authorities.
-0//99 AILtL?r. L?
Date Petitioner
iD
PAULA A. KELLY, IN THE COURT OF COMMON PLEAS
(PAULA GAFFNEV) CUMBERLAND COUNTY,
PLAINTIFF s PENNSYLVANIA
I NO. 95-6077
V.
BRIAN S. KELLY CIVIL ACTION CUSTODY
DEFENDANT s
You, BRIAN S. KELLY, have been sued in court to MODIFY custody of the child,
Amanda C. Kelly
You are ordered to appear in person at
on , at , for:
A. A conciliation or mediation conference.
B. A pre-trial conference.
C. A hearing before the court.
If you fail to appear as provided by this order, an order for custody, partial custody or
visitation may 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.
By The Court:
Dale:
J.
116/311/1949 119:211 71723111991
BRIAN S. KELLY, Plaintiff
Vs.
PAULA A. KELLY,
((l,JI) Defendant
F141'_;5
FADE 112
OEC o 11 19!!5
IN Tt1E MJRT of COMMON PLEAS OF
t CUMBERLAND COUNTY, pENN9YLVANIA
CIVIL ACTION - LAW
N0. 95-6077 CIVIL TERM
?1C___ VLF
CUSTODY r
pEC 71996
01 OF
AMID NOM, this ??? day of .. 1995,
upon consideration of the•att'acned Custody C st(on Report, it is
ordered and directed as follows:
1. The Father, Brian S. AnandalC a Ks ly, borne Aprilu15,A199211y,
shall have shared legal custody
2. The Mother shall have primhry PhYsical austadymof•the Child
subject to the Father's partial custody schedule as follows:
A. altars tther shall ing we ekendsvfrom Friday afternoon through Monday
morning. The Father shall pick up the Child from liar
childcare provide- on Friday aftocnom any-tiais-aitao
2:30 p.m. and shall transport the Child to either her
preschool or the childcare provider on Monday morning.
The Father's weekend schedule shall begin on December Be
1995.
B. The Father shall have custody of the child during weeks
following' the Father's weekend custody Father Tuesday pick
2:30 p.m. until Wednesday morning.
up the Child from her childcare provider any time after
2:30 p.m. and nhall return the Child to the rhilecare
provider or preschool on Wednesday morning.
C. During weeks following the Mother's f the Child weekend from cusLody, the
Father shall have custody o Tuesday
through Thursday. The Father shall pick up the Child
from her childcare provider on Tuesday any time after
2:30 p.m. and shall return the Child to her childcare
provider before 4:30 p.m. on the following Thursday.
D. The Father shall have physical custody of the Child
during one uninterrupted weak each summer upon providing
notice to the Mother by May 1 of each year.
fi
U'
I
3. The parties shell share physical custody of the Child on
iolidaye as follows:
06/30/}999 09:20 7172310991 FWSS
A. The rather shall have custody of the Child in even
numbered years ea follows:
(1). Christmas Eve from 12:00 noon through Christmas Day
at 12:00 noon.
(2). New Years Eve from 12:00 noon until New Years Day
at 12:00 noon.
(3). Easter Day from 12:00 noon until 7100 p.m.
(4). July 4th from 10:00 a.m. until 7:00 p.m.
(5). Halloween trick-or-treat night at times to be
arranged by mutual agreement of the parties.
B. The Father shell have custody of the Child in odd
numbered years as follows:
(1). Christmas Day from 12:00 noon until December 26 at
12:00 noon.
PARE 113
(2). Nov Years Day from 12:00 noon until 7:00 P.M.
(3). The day before Easter from 12:00 noon until Easter
Sunday at 12:00 noon.
(4). Memorial Day from 10:00 a.m. until 7:00 p.m.
(5). Labor Day from 10:00 a.m. until 7:00 p.m.
(6). Thanksgiving Day from 10:00 a.m. until 7:00 p.m.
C. The rather shall have custody of the Child in every year
on Father's Day from 10:00 a.m. until 7:00 p.m.
D. The Mother shall have custody of the child in even
numbered years as follows:
(1). Christmas Day from 12=00 noon until December 26 at
12:00 noon.
(2). New Years Day from 12:00 noon until 7:00 p.m.
(3). The day before Easter from 12:00 noon until Easter
Sunday at 12:00 noon.
(4). Memorial Day from 10:00 a.m. until 7:00 p.m.
(5). Labor Day from 10:00 a.m. until 7:00 p.m.
(6). Thanksgiving Day from 10:00 a.m. until 7:00 p.m.
PAGE 04
06/30/1999 09:20 7172310991''
The Mother shall have custody of the Child in Odd
E. follows.
numbered years 89
W. Christmas Eve from 12:00 noon until Christmas Day
at 12%00 noon.
(2)• Nov Years Eve from 12:00 noon until New Years Day
at 12:00 noon.
(3), Easter Day from 12:00 noon until 7:00 p.m.
(4), July 4th from 10:00 a.m. until 7:00 p.m.
(g). Halloween trick-or-treat night at- times to be
arranged by mutual agreement of the pa
F, The Mother shall have custody of the Child in every year
on Mother's Day from 10:00 a.m. until 7:00 P.m.
On the child's birthday in each yearn the non-custodial
y by mutual
three parent (3) shall at?times etousbe todup to 0 maximum of
agreement of the parties.
4, The Father shall provide his work number to the Mother
11romptly upon receipt from his employer.
one calls betvenn the parties shall be. limited to
5- TelepTt Child.
discussions specifically concerning the
6. Neither party shall interfere with or contact the other party
except as necessary to carryout the provisions of this Agreement.
7• 'fete parties realize that their child's well being is
-nramount to any differences that esthe trangevtheeChild from the other parent
.Marty shall do anything which may ant or which may to th r injure the opinion of the Child as of thee Chother ild's parent
or respect for
!•ampsr the free and natural development
the other parent.
a. The holiday custody schedule set forth in this order shall
.+upersede the regular custody Schedule.
9. This order is entered pursuant to an agreement of the parties
r 0 Custody conciliation Conference. The parties may modify the teens of
Agreement a this mutual control. in the absence of mutual consent, the
order shell
BY THE COURT,
J.
^t Charles E. Petrie, Esquire •(rIJ COPY r0.. i 11a:VP.0
Lisa M• Coyne$ Esquire hr testimony whereof, I here Onto sel my hund
and lire scot Of 56J (-.UOrI al Carllele, Pa.
this nf- tJ- do of R)AIrl• , 19 r
?k r1 7s', ,?«.
l
06/30/1999 09:20 7172310991 PHNSS PAGE 05
P.
BRIAN 8. KELLY, Plaintiff
Va.
'r PAULA A. KELLY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW -
r No. 95-6077 CIVIL TERM
CUSTODY
CUSSm OOIiCILImmm 51 9ma REPORT
xm Rcca owz W= Qvv02aJ E D ODURI'Y RULE OF CrM PF9X3W >i1B
1915.3-8, the undersigned custody conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the
subject of this litigation is as follows:
NAME M= wF oAi M - ----
Amanda C. Kelly April 1S, 1992 Defendant/Mother
2.- A conciliation Conference was held on November 48, 1995, with
the following individuals in attendance: The Father, Brian S. Kelly, with
hia counsel, Charles E. Petrie, Esquire, and the Mother, Paula A. Kelly,
with her counsel, Lisa M. Coyne, Enquire.
3. The parties agree to the entry of an order in 'the form as
attached.
/i?a 9 ? ?i,f .lam .,13
DATE Custody Conc a or
c
..:
.:
'
,
?_? ?.;
.. ;
PAULA KELLY, IN TIIE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
Vs. No. 95-6077
BRIAN S. KELLY, CIVIL ACTION - LAW
Defendant
TO: Paula Kelly
e% Bryan S. Walk, Esquire
108-112 Walnut Street
Harrisburg, Pa. 17101
You are hereby notified to plead to the within Counterclaim within
twenty (20) days after date of service hereof.
Respectfully submitted,
BY:
DiagiN'ACupiA, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: August 6, 1999
PAULA KELLY,
(PAUL GAFFNEY),
Vs.
BRIAN S. KELLY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 95-6077
CIVIL ACTION - CUSTODY
AND NOW, this (k& Day of August, 1999, comes the Attorney for the
Defendant, Brian S. Kelly, and respectfully avers the following:
1. Paragraph one (1) is admitted.
2. Paragraph two (2) is denied. It is denied that the Defendant has visitation with
the minor child, but to the contrary, it is averred that the Defendant has partial
custody of his child. It is further denied that Defendant's partial custody rights are
not in the best interest of the minor child and proof is demanded for said allegation as
said allegation is within the exclusive knowledge and control of the Plaintiff, and
Defendant is without knowledge of the same, after reasonable investigation.
WHEREFORE, it is respectfully requested that Plaintiff's Petition be
denied.
VITiP?Y-iI IN Will L;1
3. Paragraph one (1) of Plaintiff's Petition is incorporated herein and made apart
hereof.
4. Brian S. Kelly believes that it is in the best interest of his child that his partial
custody rights be expanded.
5. Brian S. Kelly requests that he be granted partial custody of his minor child a
-2-
minimum of two consecutive weeks during each month of June, July and August,
commencing the year 2000.
WHEREFORE, Brian S. Kelly respectfully requests that his counterclaim
be granted, and that his partial custody rights to his minor child be expanded.
Respectfully submitted,
BY
1017 N. Front Street
Harrisburg, Ila. 17102
(717) 232-9724
I.D. No. 71873
VERIFICATION
The undersigned, Diane M. Rupich, Esquire, hereby verifies and states that:
1. She is the attorney for Brian S. Kelly.
2. She is authorized to make this verification on his behalf.
3. This verification is made by counsel pursuant to 1'a. R.C.P., Rule
1024(c).
4. The statements set forth in the foregoing Answer with Counterclaim arc true
and correct to the best of her knowledge, information and belief.
5. She is aware that false statements herein are made subject to the
penalties of 18 Ila. C.S. Section 4904, relati to unswom f'alsif)cafi n to authorities.
Di a M. I , Esquire
Date: August 6, 1999
I, Diane M. Rupich, Esquire, hereby certify that u true and correct copy of the
within Answer and Counterclaim has been served upon the following individual by
first class, United States mail, postage prepaid, by depositing a copy of same at the
post office in Harrisburg, Pennsylvania on the ?? day of August, 1999,
addressed as follows:
Bryan S. Walk, Esquire
108-112 Walnut Street
Harrisburg, Pa. 17101
Respectfully submitted,
BY:
DianivM. epic, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: August 6, 1999
PAULA A. KELLY (now Paula t IN THE COURT OF COMMON PLEAS OF
Gaffney), I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff t
t
vs. t NO. 95-6077 CIVIL TERM
I CIVIL ACTION - LAW
BRIAN S. KELLY, t
Defendant t IN CUSTODY
ORM OF OOURT
AMID NOW, this 110 day of (/ l 1999, upon
consideration of the attac ed Custody Conc *o_nR_eWr_t_#7Tt0
is ordered
and directed as follows:
1. The prior Order of this Court dated September 41 1995 is vacated
and replaced with this Order.
2. The parties shall participate in a course of counseling/mediation
with a professional selected by agreement of the parties and counsel. The
purpose of the counseling shall be to assist the parties in developing
communication and problem solving skills so that they can effectively
co-parent their Child and manage a custody schedule successfully in the
Child's best interest. The parties shall equally share any unreimbursed
coats of the counseling. The parties shall continue with the course of
counseling until the counselor determines that it is no longer necessary.
3. The Father, Brian S. Kelly, and the Mother, Paula A. Gaffney,
(formerly Kelly), shall have shared legal custody of Amanda C. Kelly, born
April 15, 1992. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions
affecting 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. To the extent one parent has
possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable
use to the other parent.
4. The Mother shall have primary physical custody of the Child.
5. The rather shall have partial physical custody of the child on
alternating weekends from Friday afternoon any time after 2130 p.m. through
Sunday at 7:30 p.m., or, if the Child does not have school the following
Monday, the Father shall have custody of the child until 8t30 p.m. In
addition, the Father shall have custody of the child every Tuesday and
Thursday from any time after 2:30 p.m. through 7:30 p.m. or, if the Child
does not have school on the foliowin da tii
9 y, Un 0130 P.M.
6. The Father shall have custody of the Child for three
non-consecutive weeks during each summer school break, with one week to be
scheduled in each of the months of June, July and August. The rather shall
provide the Mother with at least 60 days advance notice of his extended
periods of custody under this provision. The Mother shall have custody of
the child for three non-consecutive weeks each year, one of which may be
scheduled during the school year if approved by school authorities. The
Mother shall provide the Father with at least 60 days advance notice of the
scheduling of her extended periods of custody under this provision. Both
parties shall schedule vacation periods of custody under this paragraph to
include his or her own regular weekend period of custody unless otherwise
agreed between the parties.
7. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTKRS: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26
at 12:00 noon. The Mother shall have custody of the Child
during Segment A in odd numbered years and during Segment B in
even numbered years. The Father shall have custody of the
Child during Segment A in even numbered years and during
Segment B in odd numbered years.
B. NEW YEARS: The New Years holiday shall be divided into
Segment A, which shall run from New Years Eve at 12:00 noon
until New Years Day at 12:00 noon, and Segment B, which shall
run from 12:00 noon until 7:30 p.m. on New Years Day if the
Child has school the following day and until 8:30 p.m. if the
Child does not have school the following day. The Father
shall have custody of the Child during Segment A in odd
numbered years and during Segment B in even numbered years.
The Mother shall have custody of the Child during Segment A in
even numbered years and during Segment B in odd numbered
years. For purposes of this provision, the year of the entire
holiday shall be deemed to be the same year in which New Years
Eve falls.
C. THANKSGIVING: The Father shall have custody of the Child in
oddodd n years on Thanksgiving Day from 10:00 a.m. until
8:30 p.m. and the Mother shall have custody of the Child in
even numbered years on Thanksgiving Day from 10:00 a.m. until
8:30 P.M.
D. EASIER: The Faster holiday shall be divided into Segment A,
which shall run from the Saturday before Easter at 12:00 noon
through Easter Sunday at 12:00 noon, and Segment B, which
shall run from 12:00 noon until 7:30 p.m. on Easter Sunday if
the Child has school the following Monday and until 8:30 p.m.
if the Child does not have school the following day. The
Father shall have custody of the Child during Segment A in odd
numbered years and during Segment a in even numbered years.
The Mother shall have custody of the Child during Segment A in
even numbered years and during segment 8 in odd numbered
years.
E. ALTERNATING HOLIDAYS: The Fattier shall have custody of the
Child on Memor a Day and Labor Day in odd numbered years and
on July 4th in even numbered years. The Mother shall have
custody of the Child on Memorial Day and Labor Day in even
numbered years and on July 4th in odd numbered years. The
holiday period of custody under this provision shall run from
10:00 a.m. until 7:30 p.m. if the child has school the
following day and until 8:30 p.m. if the Child does not have
school the following day.
F. H077RER'S DAY/FATHER'S DAY: The Father shall have custody of
t e Ch d every year on Father's Day from 10:00 a.m. until
7:30 p.m. if the child has school the following day and if the
Child does not have school the following day until 8:30 p.m.
The Mother shall have custody of the Child every year on
Mother's Day from 10:00 a.m. until 7:30 p.m. if the Child has
school the following day and if the Child does not have school
the following day until 8:30 p.m.
G. HALIORM: The parties shall share having custody of the
h d on Halloween trick-or-treat night at times to be
arranged by mutual agreement of the parties.
H. CHILD'S DIFUMRY: Cn the Child's birthday in every year, the
non-custodial parent shall have a period of custody up to a
maximum of 3 hours at times to be arranged by mutual agreement
of the parties.
I. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
8. Each party shall ensure that the other party has his or her
current home and work telephone numbers. Work telephone numbers shall be
used only in the event of an emergency.
9. Telephone calla between the parties shall be limited to
discussions specifically concerning the Child.
10. The party receiving custody of the child shall be responsible to
provide transportation for the exchange of custody from the other party's
residence, unless agreed otherwise between the parties.
11. The Father shall ensure that the Child completes her homework on
school nights when the rather has custody of the Child.
12. The Father shall ensure that the Child attends her regularly
scheduled activities during his periods of custody.
13. In the event either party is unavailable during his or her periods
of custody to provide care for the Child for a period of 4 hours or longer,
third other party party cato of fer re givers. opportunity to
that r the shall care befoa contacting the
provide
14. Neither party shall interfere with or contact the other party
except as necessary to carryout the provisions of this agreement.
15. The parties realize that their Child's well being is paramount to
any differences
anything which may estra gewthe Chi defrom•theeother ppaarent# injure
or say free and
parent.
the atural development of the Child's love and respect for te hamper other the
n
16. This order is entered pursuant to an agreement of the parties at a
consent. IConference. e aab bse ce parties of mutual modify thestermsh
order of
Custody mutual Conciliation
order by
this order shall control.
BY THE ODURTi
J.
cc: Bryan S. Walk# Esquire - Counsel for Mother - r.
Diane M. Rupichl Esquire - Counsel for Father t?,
PAULA A. KELLY (now Paula
Gaffney),
Plaintiff
Va.
BRIAN S. KELLY,
Defendant
PRIOR JUDGE: George E. Hoffer
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND LWNTY, PENNSYLVANIA
No. 95-6077 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY RETORT
IN ACCORDANCE WITH CUMBERLAND COURrY RULE OF CIVIL PROML RE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject
of this litigation is as follows:
NAME DATE OF BIR111 CURRENTLY IN CUSRmY OF
Amanda C. Kelly April 15, 1992 Mother
2. A Conciliation Conference was held on August 181 1999, with the
following individuals in attendance: The Mother, Paula A. Gaffney,
(formerly Kelly), with her counsel, Bryan S. Walk, Esquire, and the Father,
Brian S. Kelly, with his counsel, Diane M. Rupich, Esquire.
3. The parties agreed to entry of an order in the form as attached.
Date Dawn S. Sunday, Esquire'
Custody Conciliator
PAULA A. KELLY (now Paula
Gaffney)
Plaintiff
V.
BRIAN S. KELLY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6077 CIVIL TERM
CIVIL ACTION -LAW
CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
1. The Petition of Paula Gaffney respectfully represents that on August 30, 1999, an Order of
Court was entered for shared legal custody, a true and correct copy of which is attached (See
Exhibit A).
2. The Plaintiff in this matter is seeking to modify the current custody order to give her full
physical custody of her minor child and therefore avers the following:
a. This Order should be modified because it would be in the best interest of the child to
be with the Plaintiff on a full-time basis.
b. Plaintiff believes that she can provide a more stable and safe home environment for
the child.
WHEREFORE, Petitioner respectfully requests that this Court modify the existing
Order of Court because it will be in the best interest of the child.
Date: /-/ ` - 0 U Respectfully Submitted,
523 W. Chocolate Avenue, Suite 1500
Hershey, PA 17033
(717) 533-9040
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, the Undersigned, do verify that the facts contained in the foregoing documents
are true and correct to the best of my knowledge, information and belief and are made
subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities.
Signed:
Print Name: PDate: / I/Nlog
PAULA A. KELLY (now Paula
Gaffney),
Plaintiff
VS.
BRIAN S. KELLY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6077 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
PRIOR JUDGE: George E. Hoffer
IN ACCORDANCE WT.M CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
Amanda C. Kelly
DATE OF Runs
April 15, 1992
Cx LY IN CUSTODY OF
Mother
2. A Conciliation Conference was held on August 18, 1999, with the
following individuals in attendance: The Mother, Paula A. Gaffney,
(formerly Kelly), with her counsel, Bryan S. Walk, Esquire, and the Father,
Brian S. Kelly, with his counsel, Diane M. Rupich, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
PAULA A. KELLY (now Paula
Gaffney),
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CL14BERLAND COUNTY, PENNSYLVANIA
VS. : NO. 95-6077 CIVIL TERM
: CIVIL ACTION - LAW
BRIAN S. KELLY, :
Defendant : IN CUSTODY
own or cow
ALGID NW, this 30 ? day of 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior order of this Court dated September 4,' 1995 is vacated
and replaced with this order.
2. The parties shall participate in a course of counseling/mediation
with a professional selected by agreement of the parties and counsel. The
purpose of the counseling shall be to assist the parties in developing
communication and problem solving skills so that they can effectively
co-parent their Child and manage a custody schedule successfully in the
Child's best interest. The parties shall equally share any unreimbursed
costs of the counseling. The parties shall continue with the course of
counseling until the counselor determines that it is no longer necessary.
3. The Father, Brian S. Kelly, and the Mother, Paula A. Gaffney,
(formerly Kelly), shall have shargd legal custody of Amanda C. Kelly, born
April 15, 1992. Each parent sh4l have an equal right, to be exercised
jointly with the other parent, to make all major non--emergency decisions
affecting 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. To the extent one parent has
possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable
use to the other parent.
4. The mother shall have primary physical custody of the Child.
5. The Father shall have partial physical custody of the Child on'
alternating weekends from Friday afternoon any time after 2:30 p.m. through
Sunday at 7:30 p.m., or, if the Child does not have school the following
Monday, the Father shall have custody of the Child until 8:30 p.m. In
addition, the Father shall have custody of the Child every Tuesday and
Thursday from any time after 2:30 p.m. through 7:30 p.m. or, if the Child
does not have school an the following day, until 8:30 p.m.
6. The Father shall have custody of the Child for three
non-consecutive weeks during each summer school break, with one week to be
scheduled in each of the months of June, July and August. The Father shall
provide the mother with at least 60 days advance notice of his extended
periods of custody under this provision. The mother shall have custody of
the Child for three non-consecutive weeks each yeart one of which may be
scheduled during the school year if approved by school authorities. The
mother shall provide the Father with at least 60 days advance notice of the
scheduling of her extended periods of custody under this provision. Both
parties shall schedule vacation periods of custody under this paragraph to
include his or her own regular weekend period of custody unless otherwise
agreed between the parties.
7. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. c?t7.s; The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26
at 12:00 noon. The mother shall have custody of the Child
during Segment A in odd numbered years and during Segment B in
even numbered years. The Father shall have custody of the
Child during Segment A in even numbered years and during
Segment B in odd numbered years.
B. NEW YEARS: The New years holiday shall be divided into
Segment A, which shall run from New Years Eve at 12:00 noon
until New Years Day at 12:00 noon, and Segment B, which shall
run fran 12:00 noon until 7:30 p.m. on New Years Day if the
Child has school the following day and until 8:30 p.m. if the
Child does not hape school the following day. The Father
shall have custody. of the Child during segment A in odd
numbered years and during Segment B in even numbered years.
The mother shall have custody of the Child during Segment A in
even numbered years and during Segment B in odd numbered
years. For purposes of this provision, the year of the entire
holiday shall be deemed to be the same year in which New Years
Eve falls.
C. The Father shall have custody of the Child in
odd numbered years on Thanksgiving Day from 10:00 a.m. until
8:30 p.m. and the mother shall have custody of the Child in
even numbered years on Thanksgiving Day from 10:00 a.m. until
8:30 p.m.
D. EASTM: The Easter holiday shall be divided into Segment At
which shall run fran the Saturday before Easter at 12:00 noon
through Easter Sunday at 12:00 noon, and Segment B, which
shall run from 12:00 noon until 7:30 p.m. on Easter Sunday if
the Child has school the following Monday and until 8:30 p.m.
if the Child does not have school the following day. The
Father shall have custody of the Child during Segment A in odd
numbered years and during Segment B in even numbered years.
The Mother shall have custody of the Child during Segment A in
even numbered years and during Segment B in odd numbered
years.
E. ALTEIW2M HCXIDM: The Father shall have custody of the
Child on memorial Day and Labor Day in odd numbered years and
on July 4th in even numbered years. The Mother shall have
custody of the Child on Memorial Day and Labor Day in even
numbered years and on July 4th in odd numbered years. The
holiday period of custody under this provision shall run from
10:00 a.m. until 7:30 p.m. if the Child has school the
following day and until 8:30 p.m. if the Child does not have
school the following day.
F. NOfMER"S DAY/FATHHt'S DAY: The Father shall have custody of
the Child every year on Father's Day from 10:00 a.m. until
7:30 p.m. if the Child has school the following day and if the
Child does not have school the following day until 8:30 p.m.
The Mother shall have custody of the Child every year on
Mother's Day from 10:00 a.m. until 7:30 p.m. if the Child has
school the following day and if the Child does not have school
the following day until 8:30 p.m.
G. HALLOWEEN: The parties shall share having custody of the
Child on Halloween trick--or-treat night at times to be
arranged by mutual agreement of the parties.
H. CECMD'S BRAY: C)n the Child's birthday in every year, the
non-custodial parent shall have a period of custody up to a
maximum of 3 hours at times to be arranged by mutual agreement
of the parties.
I. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
8. Each party shall ensure that the other party has his or her
current home and work telephone numbers. Work telephone numbers shall be
used only in the event of an emergency.
9. Telephone calls between the parties shall be limited to
discussions specifically concerning the Child.
10. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody from the other party's
residence, unless agreed otherwise between the parties.
11. The rather shall ensure that the Child completes her homework on
school nights when the Father has custody of the Child.
12. The Father shall ensure that the Child attends her regularly
scheduled activities during his periods of custody.
13. In the event either party is unavailable during his or her periods
of custody to provide care for the child for a period of 4 hours or longer,
that party shall first contact the other party to offer the opportunity to
provide the care before contacting third party care givers.
14. Neither party shall interfere with or contact the other party
except as necessary to carryout the provisions of this agreement.
15. The parties realize that their Child's well being is paramount to
any differences that they have between themselves. Neither party shall do
or say anything which may estrange the Child from the other parent, injure
the opinion of the Child as to the other parent, or hamper the free and
natural development of the Child's love and respect for the other parent.
16. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the terms of this
Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
BY THE COURT,
S J.
cc: Bryan S. Walk, Esquire - Counsel for Mother
Diane M. Rupich, Esquire - Counsel for Father
! I
and L?w sTeRlt oi .sn3ifi ?.:?•.?i _ ai '_.k; :•.;s?? s w..
Prothonotary
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PAULA A. KELLY (NOW PAULA GAFFNEY) : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRIAN S. KELLY
DEFENDANT
• 1995-6077 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, January 22, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February 12, 2008 at 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
07-;v' *v - AQ,?, "'T re,/
C-P
4 _
PAULA A. KELLY (now Paula
Gaffney)
Plaintiff
V.
BRIAN S. KELLY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6077 CIVIL TERM
CIVIL ACTION -LAW
CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on the 15th day of January, 2008, a copy of the Petition for
Modification of Custody Order was served by first class mail upon the person named below as
the last known address, in accordance with the applicable Rules of Procedure, addressed as
follows:
Brian S. Kelly
319 S 4" Street
Steelton, PA 17113
t
Joni Norris, Secretary for
Bryan S. Walk, Esquire
Attorney ID 63881
523 W. Chocolate Avenue, Suite 1500
Hershey, PA 17033
(717) 533-9040
C va
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MAR 0 3 2008 ?
PAULA A. KELLY (NOW PAULA GAFFNEY)
Plaintiff .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:1995-6077
BRIAN S. KELLY
Defendant
: IN CUSTODY
ORDER OF COURT
CIVIL ACTION LAW
AND NOW, this , day of Utk? , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall engage in a course of co-parenting counseling. The purpose of the counseling
shall be to assist the parties in establishing sufficient communication and cooperation to enable them to
effectively co-parent their Child and reduce conflict to promote the Child's emotional well-being. The
parties shall attend a minimum of three (3) joint counseling sessions and thereafter shall follow the
recommendations of the counselor with regard to the duration of the counseling process. The parties shall
select the counselor and contact the counselor's office within seven (7) days of the custody conciliation
conference to schedule the initial session. All costs of counseling shall be shared equally between the
parties.
2. The parties shall make arrangements for a weekly planning telephone call on Sunday evenings
to make any necessary adjustments to the custody schedule for the following week in an effort to balance
flexibility for the Child's activities and social events and the importance of family time with the Father.
3. Following the parties' participation in co-parenting counseling, counsel for either party or an
unrepresented parry may contact the conciliator within four (4) months of the date of this Order to
schedule an additional custody conciliation conference, if necessary.
cc: ryan S. Walk, Esquire - Counsel for Mother
Brian S. Kelly, Father
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PAULA A. KELLY (NOW PAULA GAFFNEY)
Plaintiff
VS.
BRIAN S. KELLY
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:1995-6077 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Amanda C. Kelly April 15, 1992 Mother
2. A custody conciliation conference was held on February 26, 2008, with the following
individuals in attendance: the Mother, Paula Gaffney, formerly Kelly, with her counsel, Bryan S. Walk,
Esquire, and the Father, Brian S. Kelly, who is not represented by counsel in this matter.
3. The parties agreed to-entry of an Order in the form as attached.
7,. aoo?"
Date Dawn S. Sunday, Esquire
Custody Conciliator