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HomeMy WebLinkAbout97-02143I a k Mrr# P Cr t3 t)(tq 4k K,) , V\e C?C\ of \e ll r i -) t 1,ti k t t `,a (q - Al ) k)c J,\ (Tc'A V ? ? v) (-K C)? AN ic? Y, A,',) Al %-A A, (Yl'j icy t,A\l ('(kt ?t.?e'i?rt t\ ?????i 0 L-L\ \ v is q (tiP i'?' l CAt,,,Aei\ C +(1 6.,? ?.l (.>.CNN CY.x.L, 1. \,Vy:'k G1_-A PLC `a' 1?('. ??'r:?? Cjt? to (??1? \C.) CY'4le k 'c- {1('A.e '*AYA ? ?•??,c.1: Vc'QOOx? l?. LAJ\,e \V0 M-1 ipi laOC kM (' ((rp? ?[(' :? ( V 1v 'l 41, CK`tI hCCtLL(??t' r'' ? I/,>1 A?'t1?11??? ??f.'t"? vruch I I et'd lti ` ly Carr"1 ?j 610 AIM t..11) y ue ? /vi let{ A-6 `?c'J C 'Cx l GUS #r) i -/ C!/Iy orrilre liMi4tlM 'Its "..a 0. Dolt lJc 7. a _l L.r? room Na STATIMINT OP; • l < ?(a ., x;11 <"`l.(_ ` - . Lr` 4 S61 k...?r _ . , ?,?(..,, trk ? ???C Sa?..-?1t-.-G; t.-J` .r?l '?1.:??-?? F.._,tr-`_• _?+ ib?. ??.sL .. - sL?l. y?' ?J Ole ?t _,Z 1 11lGrC?,SC : Z2 'if t- 4? Y, Ac h L! f ` f f i? I ?IIM4f ilY ?NM AMl1 ?la??a141A?1 W?YM Na ( L " { ?L t`l t pa?• __?? ?_?L/1 ??oy - `?i :_ f7A1EMONT Of; u 7 ?'y7 IIGT Poillowr, I'luln(ill V% KOIWKICK KI CK, K asIx4vknt/I 41'rulani IN I IIF ( OUR I )F COMMON I'LF.AS 01 t'IJMill ItI ANI) (41HINI Y, I'I NNSI'I.VANIA NO 41-1141 IIViI. IIKM ( IVII A( IIt)N.I AWn IISI00Y ML1411Mi>•[i U[IM1i U AIMAQ ILL PIeuK cnlor my oppoororwo rut Wwlf of IN Ko?pssttJr??UI)clrrwlant, Kikk+ikk Kak UAIU. .-/3 t ) /v/ IHE 1 AW 011 I( VS 01- PAUI DRAM OKI)ORR AA$ ,. If Y: c 4vi rullcr, F?yuire AlImmy list 1)clmWeit M 1.,44111 io htru?h Corli?Io, PA 17011 (117) j1N ill Suprarw (burl 11) 0 71471 iINA1.WINIWMAKI-R, IN 1111.('O1MI1?I (()MM1)NP1_ I' AS OF I'Ininu(I ( I Will 141 ANI? CIA IN I Y, Pi,NNSYI.VANIA CIVIL A(' I I()N I AW Rr?I)FRICK KRCK, I)ci'endant NII19W-2141('IVII.IFKM I tlWl:li (A:-CUu'1tl ANO NOW. tills 29111 day of May= ?011, upon wilsldcration of Plaintill'a motion I o Maki: Rule Absolulc, a 11016119 is Owdulvd for Monday. June 11, 2001, at 9,30 a,llt., in Coutlroom No, I, Cumhariand County ('our(tlousc, Carlisle, Pennsylvania. fly IIII:C(lU1(1, l olml i . ('Thiel, F14. I7 we%t South Street curlislc, PA 1701 A(tortley fillPlaiotill Uregory I.. ('utlcr, F%q 5n I?:ust lhkh'!(rec( 1'ullisic, PA 17017 Altuulcy tar DVIVldant .. lr? Lam'- J. ?slcy t?Ic?,1r' 1. ZM'30' 1 rv I INA J WlNIA MAKIIt IN 1EIE COURI OF COMMON P1EAh Of PehliorrertPldtilii) CUMEIERIANPCOUNIY PE'NN`a'Y1.VANIA Vs NO Ot=2143 CIVIL TERM ROOEAUCK KE:CK CIVIL AC ZION - LAW1 C:UEIIOOY R esipondenl/Oofor rdoril ORGER AND NOW Ihrf day of May 2001 1.4lion review of !ha ploadrnpa and the 1'lainllffiPahhonot i Motion To Mahe Rule AOsululo the Respondenl/Elelondont's parhol u,rludy wr:hedule is surpended until furlrlar Order A hear trig on thin mallof Ip scheduled for the -T„ (Jay of 2001 1n Ccurl Itoom ol1 Cumberland County Courlhouae C9arlr#It PPnrreylverua ElY THE COUN1, ?J Wrrtlley C)lor Jr . J I INA J WINDEMAKER. Petit loner/Plaintiff Vs RO DERICK KECK, Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO 07.2143 CIVIL TERM CIVIL ACTION - LAW/ CUSTODY MOTION TQ.MAKE RULE ADaQLUTE 1 Movant is Robert L O'Brien, Esquire, attorney for Tina J Windemaker, the Palitioner/Plaintiff in the above-captioned action 2 On or about March t, 2001, Movant sent to the attorney for Roderick Keck the Order of Court with Petition for Special Relief At that time, the counsel of record was the Family Law Clinic, located at 45 North Pitt Street, Carlisle, Pennsylvania 17013 In a phone conversation. Movant indicated to the Family Law Clinic that their client could be located at the Cumberland County Prison 3 Movant attended a contempt hearing on the Respondent/Defendant's failure to pay court ordered child support The contempt hearing was held before the I lonorable Edgar B Bayley, on April 23, 2001 At the time of the contempt hearing, the Respondent/Defendant was brought from the prison and was represented by Gregory I Cutler, Esquire Movant understands that Mr Cutler is going to be representing Ilia Resspondenl/Defendant in this custody action 4 At the time of the contempt hearing, it was represented that the Hospondent/Defendant may be released from Cumberland County Prison by mid-May. .hinge Bayley found the Respondent/Defendant in contempt of the support order and dilec ted Ihal he be committed to ilea Cumberland County Prison for a lienad of six months, said period said la fun ronseculrvo to any existing court ordered tarrn of imprisonment 110 could pufge humsell of Itne contempt by paying $1,0170 00 Judge flayley also explained that he wanted Une Punnerl Relations Office to bring the Respondent/Defendant before him just prior to his release on Ilia current c-barge 5 Subsequent Io any release frorTI prison the Respondent/Defandaril will still face chargas of 0 O 1 , third ollense and dnvmg while under suspension, D U I related it is believed that Mr Keck was released from the prison in early May 6 f tae existing custody order is unnnanageabl0 (Ills In I110 Respondenl/Defendant a willful violation of Ilia laws of the Commonwealth of Pennsylvania. which have resulted in his recent incarceration as well as his future incarceration WHERI FOR[ Movant respectfully requests Items Honorable Courl modify Ilia existing Order by terminating the Rseponderml/13efenrlanls sclieduled times of partial custody and schedule a hearing to determine how the currant court order can be modified to protect Ilia welfare of the Rasporndent/Oafandait's minor child R6speGtfully SUbnsllted, O'BRIEN. l3ARIC $ MAIPRER Robil l t O'Hnan, Esquire Attorney for Pelitionei/Plaintiff I D N 283,51 17 West South Btroat Carlisle, Pennsylvania 17013 (717) 240 6873 rla.dir/derifH IClwlmdtmnflk?r,lnlot I INA J WINUI_MAKFIII. VU1II1ol IefNhlatrlt1II V* HODURICK KLCK II a spundenlla)etendant IN THIS COUIII OF COMMON Ht VAb OF CUMHEHI AND COUN1 Y VNNSYI VANIA NO VI ,14,1 (:IVII- 1f`NM CIVIL.A(.',JJON IAWr(,UbIOL)Y M.11FICATL Of UL14VICL I Hubert L 0 Orion Esquire hareby comity that an May 24 2UU1 1 tierved e copy of the Imepoing Motion to Make Nile Abwnh,le by piacunU the barns in the United males Mail First Claw poflaue prepaid addfobba4 are b;llr,wit Qrepory L culler k%gtine 60 fast Ibuh f3lr0el CotUalw. Pennsylvania 11013 Rotibit t 0 Orion Esquire TINA J WINUEMAKER, f'ahliurleiAllairdiff Vs RODERICK KECK, Rebpondanl/Oefandant IN THE COURT OF COMMON PLEAS OF CUME7ERI,ANI) COUNTY, PENNSYLVANIA, NO 07-2143 CIVIL TFL1M CIVIL. ACI ION - LAW/ CLIBLO ?Y UUMOU "URI r , 2001, upon review of the ANC! NOW, this o. 20 day of 1w?T atlached Petition for Special Relief, the Court issues a Rule upon Respondent to show cause why his partial custody schedule should not be suspended during the time that fie is incarcerated and that salsa( tarrns and conditions be attached to his times of partial custody because of several L) U I related offenses Rule ro-Lrno. Ic W1161iW 5 "T ®F6ervied rill" Rom uvrin LOU :-.r rllr ttsrrd ?it I 1 r: Ii, rs4t, t h61! N e 1 4 C 1ai4?4101 wrwts+y BY TIIF COURT, Ap o"14 h Q'BfJCf)o &11'ILI- l?tcr tulnl cal ory r.n? e? ma??lr ?•-..,? .aa?.u.u w t AtY?ii?? LOW CI i,n+r K NOrlh_I'iit ?i?cc1 lOri l'li 11(0 yyN tom ]YI1. Mor 1619 TINA J WINDLMAKLR, IN THE COURT OF COMMON PLEAS Of- Palitionar/F lunar/plaintiff CUMBERLAND COUNTY, PENNSYLVANIA, Vs NO 07.2143 CIVIL GERM RODERICK KECK, CIVIL ACTION - LAW/ CUSTODY Respondent/Defendant ffl0LR_Qf CQUH.T AND NOW, this __jj ,_I day of rc L, -t 2001, upon review of the attached Petition for Special Relief, the Court issues a Rule upon Respondent to show cause why his partial custody schedule should not be suspended during the time that tie is incarcerated and that other lawns and conditions be attached to his times of partial custody because of several D U I rat ,led offenses/ UL yl:.'cI wit,, 1 ct, )' (, SVjlss? BY THE COURT, Coe I INA J WINDEMAKER, Pahtioner/Plaintiff Vs 1400FRICK KECK, Respondent/Defendonl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO 97.2143 CIVIL TERM CIVIL ACTION • LAW/ CUSTODY s'ET1TtQW0 EeECL&IJELIEF 1 Petitioner is Robert I_ O'Brien, Esquire, attorney for Tina J Windemaker, plaintiff in the above-captioned action, who resides in Millen, Goorgia Attached hereto is a copy of a custody order in reference to her child, Kern Kock 2 Respondent is Roderick Keck, (tie father of Kern, who is currently incarcarated al the Cumber land County prison on a parole violation Pursuant to the forosaid Order of Court, Mr Kock was to accept custody of his daughter for the month of March 3 Petitioner has been told by the Plaintiff that information she received is that Mr Keck had been drinking and was involved in an automobile accident At the bmo ho was driving the vehicle, she understands that his license was under suspension, DUI related After the accident he was brought to the Cumberland County prison 4 Mr Keck is being held at the Cumber land County Prison, awaiting a revocation hearing, and Petitioner has spoken with Tiffany Ryan, his parole officer, who has related that no hearing data has boon sat for the revocation and that she doesn't know when the matter will be scheduled for a court hearing a Petitioner, on behalf of the Plaintiff, attended an enforcement hearing at the Domestic Relations Office on February 16, 2001, at 0 30 a m At that time, he informed Amy Ickes. the hearing officer, that Mr Keck is currently in the Cumberland County Prison Ms Ickes indicated that as of February 6, 2001, she had listed Mr. Keck to appear before the court She also indicated that as of February 16, 2001, the support arrearages amounted to $2,075 00 6 Petitioner, on behalf of his client, believes that Mr Keck will not be released from the prison prior to or during the month of March to exercise his time of partial custody with his daughter 7 Petitioner, on behalf of his client, believes that this is Mr. Keck's third DUI related offense which demonstrates that he has a severe problem with alcohol. Petitioner's client wishes to have any court order involving custody be conditioned on the fact that Mr Keck refrained from any use of alcohol and that he not drive a motor vehicle during such time as his license is suspended. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule to Show Cause, returnable at a hearing, as to why Mr Keck's periods of partial custody should riot be suspended until such time as he is released from prison, and such other relief as is necessary to protect the safety of Kerr! Kock Respectfully submitted, O'BRIEN, BARIC & SCHERER By:v`?1_- - Robert t_ O'Brien, Esquire Attorney for Petitioner/Plaintiff I D ll 26351 17 West South Stroel Carlislo, Ponnsylvania 17013 do dI I ldnme6111 lwindenuh N pol Y.ERWICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information and belief This verification is signed by Robert L O'Brien, Esquire, attorney for Petitioner/Plaintiff and is based upon statements provided by Tina J Windemaker and other persons, as well as documents reviewed by the undersigned as attorney for Tina J Windemaker This verification will be substituted and ratified by a verification signed by Tina J Windemaker, who is presently unavailable to sign said verification I understand that false statements herein are made subject to the penalties of 19 Pa C 8 § 4904, relating to unsworn falsification to authorities. Robert L. O'Brien, Esquire •? o o I Dated TINA WINDL;MAKI?Lt, IN'fllli COUIt•I' ()I. 'COMMON PLEAS OP Plaintiff CUMBERLAND COUN'I'Y, PENNSYLVANIA V. CIVIL. ACTION ._ LAW RODERICK KECK, Defendant NO. 97-2143 CIVIL TERM ORDL'R OP CO?R'I' AND NOW, this jar day of September, 1999, upon consideration of the issue of custody of the parties' child, Kerri Keck (d.o.b. September 28, 1996), and the court finding that Plaintiff has shown that her relocation to Millen, Georgia, will improve the quality of life of her and the child, was not motivated by a desire to frustrate the parental rights of Defendant, and (toes not offer the prospect of an unworkable arrangement with respect to the enjoyment of custody by Defendant, and following a hearing, it is ordered and directed as follows: 1, Legal custody of the child shall be shared by the patties. 2. Primary physical custody of the child shall be In the mother. 3, partial or temporary physical custody of the child shall be In the father one month out of three, commencing on the first of the month; provided, that during odd numbered years the father's September custodial period shall conclude on September 26, that on even numbered years the father's December custodial period shall conclude on December 23, and that each summer the father's June custodial period shall extend for an additional week Into July. 4, Fxchanges of custody shall occur at a i Oop m between the parties residences, at between 2:00 p• time. 'I't lIS ORDER shall supersede any prior custody order entered in this case. Rob rel.. O'Brien, 17 q. FV. South Street /Carlisle, PA 17013 Attorney for Plaintiff Judson ll. Perry Certified Legal Intern Robert E. Rahn, Esq. 1homas M. Place Supervising Attorneys I'amily Law Clinic 45 North Pitt Street Carlisle, I'A 17013 Attorneys for Defendant :rc tRUG COPY FROM RECORD In Tttstlmony whorcol, I brio unto set my h,:rld and 0ov coal of sold Coin at catllslu, Pa. ThlLLd. -dav of. 40 4 4 Prothonotary UY'1'Illi COURT, TINA J. WINDEMAKER, 1'IuinNll' v9. I(ODERICK KI'C'K, Defendant IN'I'l11; COill('I' OI' COMMON PITAS Of CUMBIALAND COON I'Y, 1'I:NNt;Y1.VANIA No. 97-'J41 CIVII. Ita(M CIVIL AC IION • LAW ('t IhTOUY itlWEB AND NOW, this _ day of _.__ ??? l b '• ? . 1999, oluon reviaw of flu: Conciliator's Report, u hearing is scheduled for the day of t+c+- _ 1999, al ADO o'clock .__ P_..M., in ('nun Rnum Number / ollhe CumMiand County Court House, Carlisle, Pennsylvania. (loth parties, through connsei, will provide each other and the court with it IIst of witnesses tell 110) days prior Ill the date II l the hearing along with u statement as 10 their expected lesdnwny. Additionally, both parties will nibmit their proposal for u resolution of the matter. fending said hearing, the order of June 311, 1997, and the schedulc contained tholvin shall remain In full force and cilecl. Robert I. O'Ilrlen, Esquire Family Law Clinic- , Q) mib np4?,OU /iv-) BY'flII'. C OUlt'1, l C?rt?u? n,ur?L..t 8/b/9 9. TINA J. WINDEMAK1i1, 1'lullrtlll' V8. l(OD TRICK KECK, 1)clcndant JUI)(il,'11I(1:VIOIISI,Y ASSIONNI): The Honorable Mould F. Sheely CUSTODY CONCILIATION CON1,1RLN1'Lh[U)MMRY-U1!M IN ACCORDANCE WI 111 CUNIIll'.RLANU COUNT Y RULE OF CIVIL i'R(?CCI)t JIM, 1915.3•11011, the undersigned custody conciliator submits the filllowing report: I. The pertinent infhnnation concerning the child %k ho is the subJecl of* this litigation Is IN TI Ili C(?t II(T ol, COMMON PLEAS of Cl)MIII; WAND ('(?IINI Y, ITNNSYLVANIA No. 91.2143 CIVIL] FRM CIVIL ACI ION • LAW ('I BSI ODD a9 follows: Kerr! Cotanu Keck 1I113RWA'IL September 28, 1996 ('IIItREN FLY IN CUSTODY 01; I'luhlliff 2. A Conciliation Conference was held on July 15, 1999, and the lidlowing Individuals were presenI: the PIaintI11'aud her auonicy, Itolen L. ()'IItlen, Hsquire; the I)elcndunt appeared with his counsel, Robert F. Ruins, Supervising Attorney fin the family Law ('little. 3. Items resolved 1y agreement: tics uuachcd Order. 4. Issues yet to tic resolved: til'l' ainiched Order. 5, '1 lie I'lallltill's posilioll oil cllstody is us follows: I'lalnlil'I'rcloailcd to Ocorgia will believed Ilwt If was hi the hest interest lur the child Io be with her. h. '1114, Uelendanl'e iwx{tiun 4,n auslody Is a% hllluwy: Pathvr indicalvd that the Otild should have stayvd with hhn and that it wa4 [till apprilpriate fur the child In rellnaflrd Io tlyorgia 'A lilt her. L Nccd ter s9pari ne CWingel If, repletion chtld: Neither party requvsled. N, Nvcd Iirr indelunrknt psychulogdcal evaluatlun 4,r c41ung911ng: None ?eyuvoled and Ilia Convi11alor dock lain belicl'e {illy is Ileceggary. 9, A hcatnift Ili Illk mailer will l attv eau (1) hour. I .arbor nlauurg 4,r volnnlvms: 1 flu t'uull flag had a full and uaniplute hearing on chill "taper already pllor Ul the viloody uunuiliutdou. I flu Colin ruled Thal the luuliv4 41perarn on a two (2) nul11dls on with Mother and one 0111111111h 4111 with I Hiller, I ho I other "allied Illy lKhedulu nlodilled to have an even period of lime so than Ihu rhil(l ill Iwo 0) nulnlltg with hlin unit two 12) II unldlg with h1olher. "Ihv M1tutla n' ol'CUUrse, wag not in Iajilt o11110 ColoI ordered anungunIV,q either. Father reyuugl4,d dlat {dill Inaltur flu 40hedulvd hn a hearing 1 lie vtill( ilimit r advised the father that it was hill view [flat Ih9 rural had already heard all pF 111c evldunve ill this Cage anti I1141 tile,9 will Ile IIIIlc IUhhood 4111 flu if no I changing the vaisling Older I flu cuttcilialur rullsivd thi4 Cage 1411 if hearing, Ilia gnggt'joh to life t t11n1 than 11 clay be ulnle apprupriale 14, sd11lply have u G01114 CMV wish Cuu11gu1 [u advise cuangel that uldvgs thury ill a gllllglannid 0111110e ill 411t.'llntg1ar14Cg 11on1 the Iasi hvatulg that the I'ourl has "Really heard 1411 lhu evidence in till$ argil and that the t )Idol ag vnlvrwl ill approprialy 14111119 pardeg 0111114 lin[a. 1)t» iaagly, Ibis gchedulu "ill have to khootiu unCe the 111141 govil to gdurol, hill lliai will tilt octul fur ai ICayl Ihrvu 1 1) )L'111'4 The only Issue that needs to be resolved that the parties cannot resolve is ilia Ibel that under the existing schedule, Felber has both the chHd's birthday and Christmas every year. The concillutor Indicated to father that It would seem appropriate that the Mother get one of those two dates during ilia year and perhaps thut those should he uhemuled over the years as well. The parties can work that putt out. Uatc, July 26, 1999 Custody Cone 1INA J WINDEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs NO 972143 CIVIL TERM RODERICK KECK, CIVIL ACTION - LAWICUSTODY Defendant MEl3_.S2ECOU iI AND NOW 11118 -Aiday of 1990, upon consideration of the attached complaint, ?itis hereby directed that the parties and their respective counsel appear before iLL? s1 N 1 kAhe conciliator, at :?d-: d jj?t?.??, on the .l day of_ )1 1 1999 at ' i)ka(1 ?iCJP M for a I're Fleanng ?uslodyanlerence At such conference, an effort will Le made to resolve Ilia issues In dispute, or if this cannot be accanplished, to define and net tow the issues to be heard by the court, and to enter into a temporary order All children ape five or older may also be present at the conference Failure to appear at ilia conference may provide grounds fur entry of e temporary or permanent order BY THE COURT, BY _V11 1?a j Custody Conciliator i lt+. The Court of Common Pleas of Cumberland County is ioquuad by law to comply with the Americans with Disabilities Act DI 1990 For inlonnelion about ac;essible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office All arrangements must tie made at least 72 hours prior to any hearing or business before ilia court You must attend the scheduled confereric:e or hearing YOU SHOULD TAKE 1HIS PAPER 10 YOUR IAWYIR Al ONCE IF YOU DD NOT IIAVL- A LAWYER OF CANNOI AFFORD ONF, 00 10 OH 1Ftt I)IIONE Tf1E OFFICE SET FORTH 11H OW 10 FIND OU 1 WHFRF YOU CAN (if-, It FOAL HELP Cumberland County liar Associulron 2 Liberty Avenue Carlisle, PA 17013 (717)249.3166 6a,# do- ? .sfi? tMn[-v'.al t[i+n w'cfa. -fJG 4-4ft4 -Y $46 ."441f z00 A.1W 1 dL /.44•w /e doc' ftl.? %a, ./4*4/4,0 4 TINA J WINDEMAKER, Plaintiff Vs. RODERICK KECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, N0. 87-2143 CIVIL TERM CIVIL ACTION - LAW/ CUSTODY Defendant 1. Plaintiff is Tina J Windemaker, an adult individual, currently residing at 530 Harvey Street, Millen, Georgia 30442 2. Defendant is Hodarick Keck, an adult individual, currently residing at 322 East North Street, Carlisle, Cumberland County, Pennsylvania, 17013 3 Plaintiff seeks custody of the followinu child Kam Catona Kock, age 2, born 0128108 The child was born out of wedlock 1 he child is presently in the custody of Tina J Windemakor, who resides In Millen, Georgia See attached Pf A for details loading to *operation During Ilia past five years, or since the child`s tialh, she has resided with the following persons at the following addresses (a) frorn the and of Soplernber 1007 to May 1000 with the parties, her sister 11rittany and the Defondant's mother at 322 East North BOOM, Cellis* Pennsylvania (b) from Easter 1997 to September 1997, with the Plaintiff, her sister, Plaintiffs mother and Plaintiff's brothers and sisters at 1188 Newville Rd., Carlisle PA. (c) from November 1998 to Easter 1997, with the some persons as In (b) and also Roderick Keck (d) from birth to November 1998 with her sister Brittany, the parties and the Defendant's mother Debra Fulton The natural mother of the child is Tina J. Windemaker, currently residing in Millen, Georgia. She Is single. The natural father of the child Is Roderick Keck, currently residing at 322 East North Street, Carlisle, PA He is single 4 The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Brittany Nicole Singer age b, born 11/11103 and Kom Catana Keck age 2, born 9/28198. Also residing with the Plaintiff are Deb and Jim Grimm, her mother and step-father, and Jessica Howe, age 15, Andrew Howe, age 14, Marie Howe, agog, and Shawn Howe, age 8 The Howe children are 1 ina's sisters and brothers through an adoption in Cumberland County where they ware removed from an abusive horse and the parental rights were terminated 8 The relationship of the Defendant to child is that of natural father 0 Plaintiff has participated as a party or witness other in litigation concerning the custody of the child in this Court. A copy of a prior custody Order is attached hereto and the Plaintiff has recently filed a PFA also requesting custody therein. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or 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 granting the relief requested because: (a) The mother has been the primary caretaker of the child since her birth Prior to the parties separation on May 14, 1999 the father on numerous occasions declined the opportunity to spend time with the child and left him with the mother. The father has been verbally abusive to the child as well as to her five year old sister and the Plaintiff. (b) The Father has an angry and violent disposition as well as problems with alcohol and drugs. The actions by the father have forced the Plaintiff to relocate to Georgia where she has the help and support of her family while she develops the necessary skills to be self sustaining. ©. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to Intervene. WHEREFORE, plaintiff requests your Honorable Court to A) grant custody of the child to the plaintiff, 8) set an emergency hearing In order to set the parties rights until such time as there can be a (till hoafing in this fnatler, C) grant such other relief as is just and in the best interest of the child including the award of attorney's foes against the father pate: Respectfully submitted, Robert L 6t7rlen. taquiris O'BRIEN, PARIC 6 SCHERER 17 West South Street Carlisle, PA 17913 (717) 2498873 I verity that the statements made In the foregoing Petition For Custody Modification are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.B. § 4904, relating to unsworn falsification to authorities. Tine J. Windemsker DATE: ?.? , TINA J. WINDEMAKER, Plaintiff Vs. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 99- ?}12 S-- CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ARM AND CUSTODY -t? AND NOW, this _lday of June, 1999, comes the Plaintiff, Tina J. Wlndemaker, by and through her attorneys, O'Brien, Dario 6 Scherer, and petitions the Court as follows. 1. Plaintiff, Tina J Windemaker, Is an adult Individual currently residing at 530 Harvey Street, Millen, Georgia 30442 2. Defendant, Roderick Keck, is an adult individual residing at 322 East North Street, Carlisle, Pennsylvania 17013 3 Plaintiff and Defendant had lived as Intimate partners at 322 East North Street, Carlisle, Pennsylvania, until actions by the Defendant caused the Plaintiff and her children to leave the shared residence. 4. The parties have one minor child, Kerri Catona Keck, DOB 9128196; and the Plaintiff has custody of Kerri's half-sister Brittany Nicole Singer, DOB 11111193 & On April 10, 1999, the Defendant started an argument with the Plaintiff. He became enraged and threw her across the room and up against a wall. He trapped her against the wall and assaulted the Plaintiff and placed file hands on her throat and choked her stating that he was going to kill her. 6. On May 7, 1999, when the Plaintiff was late returning home the Defendant left a note on the door not to enter the home. The Plaintiff, concemed for her children, entered the home and slept on the couch. The Defendant woke the Plaintiff the following morning and demanded that she prepare breakfast She refused and he told her to leave the home When the Plaintiff went upstairs to gather things for herself and the children the Defendant , in an angry and violent manner and with a frying pan In his hand stated that If she did not leave immediately tie would hit her with it. 7. On May 14 the Defendant the Plaintiff and the two children were returning home around midnight Ilia Defendant slailed an argument with the Plaintiff and drove into the downtown of Carlisle and ordered the Plaintiff and her five year old daughter Brittany out of the car This along with the escalating violence and threats resulted In the Plaintiff taking her children and relocating to Georgia On May 26, 1999 she received a phone call from the Defendant that if she returned to Carlisle she was ae good es deed 'the Defendant in the past has told the Plaintiff that if she ever left him he would kill tier the Dalenderrt in the peal has acted In a violent and threalenbip manner. He and his mother got into a fight, his inolher owns the home where the parties resided, and the neighbors called the police because the Defendant threatened to blow up the house. The defendant was arrested and charged with terroristic threats but the charges were dropped when the mother would not testify. Tha Detendant has been charged with disorderly conduct as a result of fights he has started Additionally the Defendant has a history of drug and alcohol problems and Is currently scheduled for court on DUI and drug paraphernalia charges this month. On other occasions. Defendant has threatened to kill the Plaintiff. 0. Plaintiff avers that Defendant repeatedly places her in fear of bodily Injury. BJUPPORT 10. The Defendant has a duty to support the plaintiff and the minor child. 11. The Plaintiff Is need of financial support from the Defendant Including, but not limited lo. health insurance coverage and payment of un-reimbureed medical expenses for herself and the child and cash support. 12. The Plaintiff asks that the Defendant be ordered to pay reasonable attorney fees to O'Brien, Baric 8 Scherer. j:; CUSTODY 13. The Plaintiff seeks temporary custody of the minor child, Kerrl Catana Keck born 9128/98 14. The best interests and permanent welfare of the minor child will be met If custody Is temporarily granted to the Plaintiff pending a hearing In this matter for reasons including: A. The Plaintiff Is a responsible parent who can best take care of the minor child and has provided for the emotional and physical needs of the child since her birth. B. The Defendant has shown by his abuse of the Plaintiff, that he Is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1978, 23 Pa.C.8. § 13101 gi ng., as emended, the Plaintiff prays this Honorable Court to grant the following relief: 1. Grant a Temporary Order pursuant to the `Protection from Abuse Act:" A. Ordering the Defendant to refrain from abusing the Plaintiff or placing her in fear of abuse. B. Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff including, but not limited to, telephone and written communications. C. Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiffs relatives. D. Prohibiting the Defendant from entering and/or telephoning the Plaintiffs place of employment. E. Prohibiting the Defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the Plaintiff. F. Granting temporary physical custody of Kerri Catana Keck to the Plaintiff. G, Ordering the Defendant to pay support for the Plaintiff and child. 2. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act,' and, after such hearing, enter an order to be in effect for a period of one year. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 248.8873 I verify that the statements made in the foregoing Petition for Protection from Abuse are correct to the best of my knowledge, Information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa, C. S. § 4904, relating to unsworn falsification to authorities. YM'- rum TINA WINDEMAKER Dated: 3 91 1INA WINIMMAKM IN '1111: t'()UH'l 01= COMMON 11141AS OI' PlaintiiClKasptuihtnt CUMIJI`R1.ANP COUNTY, PUNNSYI.VANIA y. CIVII• ACTION - I.AW IM ('USTODY 1lODURICK KUCK. Imfondanuftittbiner NO 91-2143 CIVIL, TUHM 12RM,u tQVU AND NOW, this _I I ally of jLLJ 'got), upon conildo['atiun tit tho Ambit" portion, it is hersby Auetulcal thsi dua patncs and timir real>eciive oun"I aptteatr Wkirt, I ?1r4114ks ?_ 1 . S'a.?t it Jhco,ol tlirturt9l OIL LL -10kIP"f-04 on rho dry fit uj> _ 1999, At ?_.1 (6]111 , tut a pre Hcating C'uihily Conti narice Al iut it LotderatICe, an attiui will tie mach to resuive IlW iaiuas in dtipula, or it this cannot t)a ac0omphslwA, iii detirw slid Barlow OW iaaucs w tw Iwird by the (ourt, slid u) antes Into a tenyixary orAer Hilwt early ntsy bling the child(ran) who is l1w subjmt at [his t.uitttdy "Ilion br Its: i,miteratxe, but tha chitdithiliheri'i alnetidarwi: Is nul matalahiry. failure to appoar of list i.oulglinwit nsay plovide grou't's tot curry of a tentpotsry or 1wrinnrWtU order 1,()I4 'I III vol fit I' fly l Lv A!'tll?J , .1. jjv?'S? t'ut? nrdy Cone ilialur i VIA YOU SIIOMO TAKV MIS PAIAUK 1O YOUR I AWYI,1111 M ONCI, 117 YOU DO N01 IIAVV A VAWYE'k OR CANNOT At 1'()Itlr ONlt, (it) lO UIC '1IT1141ONIE '1111' WTICI SIRT U04111 N1=141W 'tu 1-iN1) I)111 W1111W YOU VAN s11A 111JAI, Itt;1,11 C'uitihcrisiul4 '4nagylim A4orniaiiun 2 I ibrily Azeuoe 4'ill title , Peonayivanid 11011 (111) 241) Wdo ASIVI iC'ANhi 141111 I)19AIIIi I C lt.S ACTOM' 1990 This C'oull of C Onlihi,)i 1'1044 Ifs r und,Giiaiul r tniuly 14 reyu l" by law lu Comply with tlil Anseticans Willi I)iaabtlilt44 Ail if I+)'fis I'll toll kit iuauuo about accasaltild I1wlilfa9 and tasu3ttahle rt> ouutiislall?it;4 awailai;IG in (liaal,ie,I u0ll+ntosia having buiinwoi tooti'mc tht tuull, please collIH4a wilt unite Ali atiai+rr?miruii trni4i tic oiitte al lead 72 hnula prior it) ally hasrhty nr busltwaa bef" a it4i i"tit I 1'!m nma aortui ihu t,i.,lolcd undeitatk e ur fxstinif o j . - ;' ., i,' y ? /N w <b, ? .wadi tE ' TINA WINUtMAKIiR, I'll lilt iff/Rckliondclil Y, RODERICK KECK, Ilefcridant/Pal)tlono r IN '1 U1: COURT 01, COMMON PLEAS OF CUMBERLAND COUN'T'Y, PFNNSYI.VANIA CIVI1. ACTION - I.AW IN CUSTODY NO 97.2143 CIVI1. 1 URM MUM Ir:I2R AtltD ICA'1IGN iW_ Lt!S IUDY_S RDE, NOW COMI.S the Petits o ei/Defesutam, Itralerick Keck, by oral through his attorneys, tiro Family I.aw Clinic, still reslictifuliy represents Ilse fuilowintt In suplairt of his pelillun to modify (tie w0013118 Custody Older Petitioner/Deferalant, l(oalerick Kcck (tiercinalier rcfcrrcil t) as "father"), and Respondent/Plaintiff, "Tina Wirulernaker (hereinafter referred w as "Mother") are the natural parents of Kerri Keck, born on Seplenthrr ltd, 1996 3. On June 30, 1997, an Order of Court was catered by sgtccnient of Ilia patties whereby Monier was awarded piintary physical custody of Kerll. Falher was awarded partial physical custody of Kerri on an altatnathtg weekend haids from Saturday at 9.(x) AM until Sutufay at 10) I'M. father was also awarded partial physical cumody of Ketti for one evening lwr week from 4:(x) I'M until h 1a? I'M A true oral correct copy of lids Order is attached hereto and incorporated herein. 3. In late 1997. Father and Mollie[ tecoIwiled. Oil of about May 14, 1999, the reconcilialiou eluded stud the parties returned to using ilia Court Order regarding the custody of the child, Kerri Keck. 4. The Court Order hi this matter should Ila modified to give fatlier primary physical custody because: a) Mother has threatened to relocate with the child to Ocorgia; b) Mother has mt known address In Pennsylvania and has her mall forwarded to an address in Millen, Georgla; e) Molitor lies recently visited Georgia with the child denying father his weekday evening of partial physical custody on May 19, 1999 oral May 26, 1999; d) Mother lies stated that she is currently In Georgia or New York with the child and, upon Information slid belief, will not return to Pennsylvania for Father's weekday evening of partial physical custody on June 9, 1999; o) Mother has stated that she is unsure of whether or not she will return to Pennsylvania with the child for father's weekend period of primary physical custody on June 12, 1999. S. it is in file best interest of the child to modify the Order giving Father primary physical custody because: a) Father feels that the child's removal to Georgia will diminish his ability to maintain a meaningful relationship with the child; b) Father feels that Mother will not make a goad faith attennpt to effectuate Father's periods of partial physical custody of the child as evidenced by her denial of Father's weekday visitation on May 19, 1999 and May 26, 1999, as well as her indecisiveness about returning to Pennsylvanie to effectuate Father's weekday evening partial physical custody on Jute 9, 1999 end weekend partial physical custody on June 12, 1999; t) Mother hall itated nu realtitic plank fill acconuo,aladnq Father's pverGilk of primary physical custoily it tha child is removed to Orofflia, d) plithir provides tlw child with love and alluctinn, a stahio enviromneut, aril this ad,quit# moral, emotional, and physical iurioundlogs as re 1.11104 W losict tiw child's needs, a) Durhts the time of the 1^atlrer and Molhe"s rotors liatkm, Vather Ito Mother resided with the thlid'k patrrrwl Mratuim,uher 'Iris ch?1d's paternal grandinolhor ",veil is one of the thild'i prunary tatetaketi M a resuh, the child has a strong emotional iioii Willi it+e pateriwi ittandmolirsir Owl would tv dimioiiiuttl it itm 01114 11% removed to Ovotgia b. 11W urwarsiKrwd corlitiod l.e#al Intern, Judson 11 Polly, cunwclad Rospolweni's counsel, Robot" O'Brien, Hkqulte, by telephone on Tuesday, June 11, IM and advised him of this petition, aril Roilx,nsient's tsouttsil indkotod that ho does not corwur with this pttillon WIItiRlil'ORU, helltlonormsfendent request$ the Court a? enter a new Custody Uhler whereby Ivatltlonerll3e(endant has prlmary physical custody of Kerri Kak. Date ?? Judson U. herry Cori fled legal Intern 1 .? koR?7, RAINS THOMAS M. PLACIi Supervising Atlunrey t)ONALU M. MARRI'TZ Staff Attorney PAMILY LAW CLINIC 43 North Pitt Street Carlislo, hennsylvanis 17013 (717) 243.2968 Pax; (711) 243.3639 TINA WINDEMAKOR, ! Plaintiff 1 Vol I 1 RODERICK KECK, Defendant 1 1 IN THE COURT Of COMMON PLEA$ Of CUMBORLAND COUNTY, PENNSYLVANIA NO. 07-2143 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISIFAT10N • rf f' oflogn AND NOW, this day of 1007, upon iscolpt of the Concilistor's Report, it appearing that ilia per ties have agreed to the Jaime and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows. 1. The Order of April 26, 1007, is vacated. 2. The parties shall share legal custody of their minor child, Kerrl Kock, d.o.b. September 20, 1080, 3. Mother shall have primary physical custody of ilia minor child subject to periods of partial custody and visllation with father tie follows; A. On alternating weekends from Saturday at 0.00 win, until Sunday at 7:00 p.m. Title aharnsting weekend schedule shall begin on June 21, 1007. 8. One evening per week from 4:00 p.m. until 8;00 p.m. This evening shall be Wednesday unless the parties otherwise agree. C. father Is entitled to an occasional period of custody and visitation on Friday evening for purposes of visiting his father, the paternal grandfather. Those Friday evenings are to be agreed upon by the parties. 4, the parties shall share the holidays evenly as agreed upon by them. 5. The parties shall refrain from the use of, and exposure to, iilegol drugs while the child is In their custody: 6. Father shall provide all transportation under this Order. 7. Oath parties shall provide aech other with a current address and current telephone number, d, Buell other times as the parties may agree t1WT, BY T if '0 Joan Carey, Lsquirs Y (!4- 4P ")-"A.jsA, i1jo/9'] Carol J. Wrideay, Isquire A f- mib TINA WINDEMAKER, Pleintiff va. RODERICK KICK, Defendant 1 IN THE COURT OF COMMON PLEAS 1 OF CUMBERLAND COUNTY, 1 PENNSYLVANIA I 1 NO. 07 2143 CIVIL TERM 1 1 CIVIL ACTION LAW 1 CUSTODYMSITATION JUDGE PREVIOUSLY ASSIGNED; The Honorable Harold E. Shealy, P.J. C"MY-.GOMWATION COWS LNGS AUMMARY lI "U IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1816.3 8lb1, the undaraigned Custody Conciliator submits the following report: 1, The pertinent information concerning the child(ron) who Weirs) the subject of this litigation is as follows: NAME WIAH ElATI CURRENTLY IN =TQUY " Kard Kock Soplember 18, 1090 Plaintiff 2, A Conciliation Conforonco was held on June 13, 1897, and the following hutividuale wore present: the Plaurtiff and her altonray, Joan Carey, Esquire; the Delandent appeared with his attornay, Carol J. Lindsay, Eertuiro. 3. Items rosolvad by agfeamonl: goo atlachad Order. 4. Issues yet to be resolved: $se attached Order 5. The Plaintiff's position on custody is as follows: See attached Order, G. The Defendant's position on custody is as follows: Bee attached Order. 7. Need for separate counsel to represent childirenl: Neither party requested, 9. Need for Independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary, n F Date: June 24, 1997 A . ' Michael L. Bangs F Custody Conciliator VUUICATWN I vorify Ito'l IN klalollwa l nlpdo in Ihit I'etiuon Alf modifik"41 n of cuslody C(dof pro truo and coff"I it) IN dell of illy polbolul llnllwiedwe rnd twliof. I UnAkratutd "I fill" blatollwilt hartin tit Illaw ku0j"I ul IN polultwe of IN Np C'.N. #49W, rolmityf to unsworn flalkifictlion ill pulfultities- r I Date Rw,tlliolWf 1• ?,? ?? `? ? ?? t + r ?1 ? ? -? : !?. ?._ `, t s ? ! ? ( ?? I r Y '?J !;? ? 1?? C \ Ui ?S (.y I INA WINDWAKUH, I'laintill v, RODI;KI 'K Kla'K, Defendant Nt?. Y7'4141 t IVII. I I;RM 1140 "ht LUUM AND NOW, this day ul June, In199, upon comiacration or De(ondant's Pelhlo?i till' SPeV141 Nelief Pursuant to Pa It C 11? 1911 11, a hvariup is achoduled for -i1atrsday, ho, 11, 1999, at N .10 a m . m Courtroom No. 1. Cu?nherlood Comity l'ourlhuuse, Val lisle, P,?u?syiva?lia. 1111: PAR I II;.S are directed to have the children invoivrd In this matter presenl i?? court at the tittle of the hearing, llohe?14• O'ilrien,144 17 W, South Nlrcel t'arlislc, PA 17011 Auomcy fin 111ahnili' hulwon 11 I'erry t'cill111W I vVid Intern hohcri Ii. Rnhna, [sal i hunuts M Place Sulam icing Allorocys annil% I ew Clink dS Not III Pill SIIVL:t (Cork.. VA 17011 AtnuncNi In OvIvndiun IN I I Its t'r A It( l ul- t "t 1MM11N PI.I AS 0I CI IM111-10 AND COI IN I V, I'I;NNSYI,VANIA t'IVII. At"I ION I AW fly 4111; COUK'i , 1. racy c11?r,Jr, ' K 1 + 1 i :. i X11 I;?i tit r ?. II I ? ?y -?1 , ltz. SS 1' SUN N YM o TINA WINIIGMAKER, IN Illli (11111(1 ()I, CtiMAION III LAS 01, HowIII/ RoblNmdem CUMBI•.RIAND CHINIV,PUNNSYLVANIA y. : t'IVII. At"I WN I,AW : IN CUSTODY ROD RICK KICK, IJofendont/Nrtliitnwr No. 912141 CIVIL URM URUICK OF LUlIK ANIJ NOW, this _v. ____ day of June, I (AD, rrlNrrr presentatiun and c m4wor4lirm of ON attached I'etidon, it i, hamby ordwO that Pomonw's roquesl lot biwial what h pfanlod. A writ of no eaeal is isued, dirwiny lira Raspondco( not to remove the t;blhl, Kerri Kwit, from the Commonwealth of Pennsylvania 7'111, llydar slutll rennin in elfet:I p#ndiry{ ILrfhor th*r of 11114 Court By thf Coun, 'IINA WINDPMAKIX 1'laitulf f/Resplnklenl Y, RODURICK K{ CK, llefeiklanUPrh it h?iwr IN 1111 ('UURI OF COMMON 101,11AS OF C'UWWR1.ANU COUNTY, PENNSYLVANIA CIVII, ACTION - LAW IN C lISTODY NO 97 2141 CIVIL TIsNM t'isUTlU(SL-VuR EiY"UL 1'LjmIJAKFlu-rjL1L r. ?Q?e.?3 I'elhioner, Rlkietitk Keck, by alkl Iluuugll hit auanicyt, 11W Family 1,dw CIIn1C, pedtiolu this 0wil fur tpeiital leliet pulruaul to I'd If (' P 1915 11 tilt a will of ale excel, directing the Retpolkiclli fail Ill leave liar Commonweallh tit 11colltylvanla with the child, Kerri Keck, afkl avers ill tuplioll thereof at hdlowt 1 11ettofler it Rrklenik Keck rl:tidulg at 322 East North Street; Carlisle, Culnwilsto ('aunty, 11eluubylvania 2 Netpolklefri it `Iifu Wlralefllsk61 residing at 3`10 llarvey Street; Millen, Oeorgia 10442 Retlkirkkid It lkplcmilcd by Itolvit Wfilicfl, 1*1uhr of Callltle, Pennsylvania. 3 Petilloo:r fllCii it liclillofl for IntMUlwatiun lit site CutUNly ( alder with this peliUOn. 4 1'etttolfcr it lha fwtulal fatari of Ker ri Keck, horn Septeniher 28, 1996. Itop lukui it dw child's nalufal nuHlwl 5 Oil Julk: 10, IVV7, all Older of Court Was enleictl fly agiCCineflt or tile parlies whetehy Retlnuklenl wilt swauled ptunary phytical tumody of Kerri 11clitofwr was awarded partial phytical l utuwly of Kerr I un an allvnwliltg we-clieikl halls taunt Saturday at 9,(X) AM until Slrrltlay al 7 Ill) PM Pe111101wr war aha awarded partial phytical culotly of Kerri for oral evening liei weak front 4 00 I'M unlit g t1O I'M A true and correct copy of this Order Is attached hcncto stud Incotporatcd hl'reill 6. Respondent has threatened to ?eha:ate with live child u) Ocorgia. Respondent has no known addreu In the Cunmwnwealth of Pennsylvania, and her trail is Icing furwarJeJ ,u all address in Milton, Ocorgia. 7. qn or about May IN, 1999, Itcspuuulent Iomoml the child to Ovolgis without Informing Petitioner of her Intention it) do so. Rcipon dont's visit Ill Ovorgia caused Pethlonet to miss his weekday evening of partial physical custody on May 19, 1999 and May 26, 1999. 8. Respondent informed Petitioner that she is either ?elurming to tleorgis or visiting family in New Yolk. Respondent Inturmcd Petitioner that she would not roturll to Pen?lsyIVail is with the child for Petitioner to have his weekday evening of parial physical Lustily on Jurw 9, 1999, 9. Respondent itljollned Petitioner that Nile is unsure whether or not the will toturn to Pennsylvania will) the child for Petltioller'i overnight weekend herhut uI partial phyucal custody on June 12, 1999. 10. The wulersigtled Certitled IKgai Intern, Judson 11 I'enry, voill"ted Respuaxlen?'i counsel, Ruler, O'hrien, Inquire, by telephone on'fuesday, Jute g, 1999, and advised hill) of this petition, and Itestxmaient'a counsel Indicated that he dues tall colour with till petlihn. W111141 ORK Pedtloner respecthrlly requasts Ibis Court to grant I'alliorwr's request for special relief by granting patliluner a writ of tw axeat, directhtg late Respondent not to remove the child, Kerr! KmA, from the C:omntonwaaith of Narutdylvania. Date , Iwa"pn JUtiatm Ci Pcrry •,? V CarUfied Ivit4l Intern /' 0 4?t I rrfAX i?hl TIIOMAS M. PLACE Supervising Auurnay DONALD M. MARRITZ Staff Auurnay FAMILY LAW CLINIC 43 North i'ia Street Carlisle, Penruylvania 17013 (717) 143-2460 Pax: (717)143.363x1 TINA WINDEMAKER, Plaintiff VS. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.2143 CIVIL TERM CIVIL ACTION • LAW CUSTODY/VISITATION ORDER AND NOW, this day of 1987, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, It is hereby ordered and directed as follows: 1. The Order of April 25, 1997, Is vacated. 2. The parties shall share legal custody of their minor child, Karr! Keck, d.o.b. September 28, 1898. 3. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Saturday at 9:00 a.m. until Sunday at 7:00 p.m. This alternating weekend schedule shall begin on June 21, 1987. 8. One evening per week from 4:00 p.m. until 8:00 p.m. This evening shall be Wednesday unless the parties otherwise agree. C. Father Is entitled to an occasional period of custody and visitation on Friday evening for purposes of visiting his father, the paternal grandfather. These Friday evenings are to be agreed upon by the parties, 4. The parties shall share the holidays evenly as agreed upon by them. 5. The parties shall refrain from the use of, and exposure to, illegal drugs while the child is in their custody. 8. Father shall provide all transportation under this Order. 7. Both parties shall provide each other with a current address and current telephone number. 8. Such other times as the parties may agree. YT E COURT, HAROLD E, BHEELY; 4J- Joan Carey, Esquire .. j!4+"A&' .r- t"k lo130199 Carol J. Lindsay, Esquire ,d 0', mib If TINA WINDEMAKER, Plaintiff vs. RODERICK KECK, Defendant 1 IN THE COURT OF COMMON PLEAS 1 OF CUMBERLAND COUNTY, ? PENNSYLVANIA 1 1 NO. 97.2143 CIVIL TERM 1 1 CIVIL ACTION • LAW 1 CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED; The Honorable Harold E. Shealy, P.J. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1916.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent Information concerning the child(ren) who Ware) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Kerri Keck September 28, 1996 Plaintiff 2. A Conciliation Conference was held on June 6, 1997, and the following individuals were present: the Plaintiff and her attorney, Joan Carey, Esquire; the Defendant appeared with his attorney, Carol J. Lindsay, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 6. The Plaintiff's position on custody is as follows: See attached Order. 8. The Defendant's position on custody Is as follows: See attached Order. 7. Need for separate counsel to represent chlldlreni: Neither party requested. S. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. J Date: June 24, 1997 ?' -" Michael L. Bangs Custody Conciliator VERIFICABON I verify that the statements made in this Petition for Special Relief are true and correct to the best of my personal knowledge and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 14904, relating to unsworn falsification to authorities. Date L9.9__ Poderickhaeck Petitioner 4 i '. f -? , ' (S? i ?i? 1 a ?? il) 1 x 1 I INA I WINI?I NIAK1 1i. PvtitionrtIl'Iaroali Vx iluIwI(I( K Kl:(`K, Hrxp?smlrnuOefendam IN I IIIA ?1!It I ()I( ONINION P1 ISM U ( IIKIM 141 AN1 04 IN IN', PI-NNSNA VANIA, NO 97 .1141 ( IVII II:I(NI l'IVII, At IION I AW!( IJS I(II?Y i!'Cllllzl AIVAl,_OYArmfut,"CE I lie family 1-4w ('11111c. willit4wx its alylri"WILr at aut+mry u( Ircpnl GH Rodglick Krck, tilt Itrxputtdrnb'Urlaad ti Ill tale AMC capUunrd car Date -1.91 Y l - N rlratl 11??Ia1t;i11 _ _. l-real lutrttt I I F I(AIN. IIIOMAS hi PI-A( 14 K*11- IWNNIN(i Sultrrltxlum allontr)x I'ANIII Y i AW CI INIV 45 Nurlit I'm Soto ('atltxlg. PA 11011-21199 (717)>.11 !9611 K11IRY- lIC'AYUAli; ILL Plr"tt (tuifl il1v al liv;uatu r ill I Is v# I'ullrt I,q , ax (oiutxrl ui trrortl (sit Rolnick Ktait, tilt Rrxrx?ttllrn4`rlrf ndaln Ill IItc Alto%r calmoll i Clair Dole s sal r.?`!L N-?Il the t'ulW4;* u+'I su I'-?+1 IrI?t1 4111e1 ('iplixla, PA 17011 I INA J WINDFMAKFR, IN I IIL. ('Ot)R I OF COMMON III I?AS OV 11ctitinner/Pl4intilt I UMIILRI.ANDVOIINIY. PENNSYLVANIA ('IVI1. AC I ION, I.AW/ CI iS'I OIJY v IN INV(JR('li RODURICK KEC'K, Reapandenl/IJefendatlt NO 97.2141 CIV11.'IURM CE111IFICA1V OF SERVIO.' I, R Arad Palatial). Certified Legal Intct it, atlh0 family Law Clinic, hereby Certify that 1 am 9eiviny a 111 Us and COrrect eupy afihc Wnhdt twat of Appearance on (it 0g ('111101, working at 50 Vast IliKh Street, C'arliel0, ('umbcrlund ('aunty, I'ennnyllatu4 170 1.1, by dOpabUtng a copy of the sium ht the it S mail, first Class. pollage ptrpatd, the 24' day at Matc), 2001 1fZ fist hal4ban COrlified Vcyal hncrtt FAMILY I.AW CLINIC 45 N I'm St C'artisla, FA 17011 717-241-2908 I INA) WINDUMAKUK. IN I UI. I M if( I ()I,( ONJNION I'1 h.AS Of 110111uncl'plallm11 (11KIIII-NI ANJ)( MINIY, PUNNSNTVANIA CIVII- AUIION 1 AW t'USIUI?Y v HODURICK KUCK, HorpondonviWondwlt N041214`1 (1V11.11 HNt CMI IFICAI1, uF WIVU L I , H Ural U41ab ul, Celli icd Lekal bilenl, of the kin lily I A W C lnlic, holvby colify Thal I wn very III# a IfUe and cimccl Copy uI Ihr W ilhdl aW aI if Appeal allle oll f it go Cullff, W01111111110 4100 Vat 111411 S0oc6 Cwllylo, Cumbelland County, I'eunlyivawa 1 7 0 1 ) , by dopoelliuy a copy of Iho mills 01 the U S mail, pilot Clair, poelaµe prepaid, the 2ud day M hlau h, .10111 R Ilrw) flalalldn jf CcnIIIC4I cilal Imcnl PANI11.Y I AW CI-INIC 45 N Pill St Callislo, PA 1701! 711241-V1961I iilia Windemaker, IN THE COURT OF COMMON PIFAS OF Plaintiff CIIMRFRI AND COIINiY, PFNN5YI VAN IA v. NO. 97-JI113 CIVII TERM Hoderlrk Ksr:k, no ronclatit CIIsIODY 011,1 f R OF COURT AND NOW, upon consider Al ion of the attached CornPlAint for ('ustndy, It is hnraby III ract ed Ihnt the Parties And their 1v6pact Ive counsel A?Ipaer bgfore Iilcl tACl l-. Lit„li,,, the cont.illalrlr, lit `t a-,, I tt' ,lil),?: mill,ill on the day of )«t -, t' 1997, lit % UU ` in. , fnl A Pie-Hear ing Custody Confaratic a, At %imh conference, An affrmi Will ho nlnde to fesolvo the IsslleN In disputo; r,l it thin c9nnot bn accomplished, to define and linrrow Ilia irtAllf4s to list 11e9rd by ilia court, and to enter into a ienlpolary nrdol. 141111re to appear at the conference cony prr,vido grounds fr,r entry c,f a larnpornry or permanent order. Hy the Court, ody LL Co,n?c i l J 111 ,t Custnd iAt r,r 11j), YOU SHOULD TAKF THiN PAPFR TO YOUR IAWYFH AT ONCE, IF YOU DO NOT HAVE A 1.AWYFR OR CANNOT AFFORD ONF, (10 10 OR TFIEPHONF THE OFFICE BET FORTH RBI OW TO FIND OUi WHFHF YOU CAN OFT IFOAI HELP. COURT ADM INIHiHAiOil, 4th f100R CIIMRFRI AND COUNTY COURTHOUSE CAHIIHIF, PFNNBYIVANIA 17013 TFI FPHONF NUMHFiI: (117) 240-6200 AMERiCAN$ Willi t)i9AHlt,l1l€F ACT OF 1990 The Court of Common Pions of Cunlhorland County is required by law to comply with tho AIT101I .9118 with Diaabilitins Act of 1990. For InformaIIim About acca,Aibla fncilltien and reasonable accommodations available to disabled individuals having business before ilia court, ploase corHnct our office, All arrangements must he made at least 12 hours prior to any henring or business hoIor a the court, You must At tond the schaduIad conference or Itearing. c' ' l tJCyr 0441 11nn Windomekor, Plaintiff v. Roeferfrk Kac:h, Do fa ndant IN 1Ht COUNT Of COMMON PLFAS OF CUMBF111 AND c01114TY, PFNN8Y1.VAN1A NO, 91° CIVtI TERM C1IRTODY COMPLAINT FOR G!hINY 1. The Plaintiff in Tina Windemakar, residing at 1168 NBW01 16 Road, Cumberland County, Pannayivania 11013, 2, The date ndant is Roderick Keck, who resides, to the best of the Plaintiff's knowlodgo, within CulnbBrland County, Pennsylvania. 3, The plaintiff soaks custody of the following child: Name Presant RosidsnCa Age Kerri Kock 1168 Newville Road 6 mo, Carlisle, PA 11013 The child was 1101`11 044t of wedlock, The child is presently in the custody of Tina Wdndsmakor, who rosidea at 1168 N@wv!Ilo Road, Carlisle, Pennsylvania. During tho child's lifetime, oho 1188 raeidod with the following porsons and at the following addrosso5: Name Address Tina Windemakar, Roderick Kock, Deborah Fullon, find Jared Kock 372 Fast North Bt, Carlisle, PA 11013 Tina Windemakar, 1168 Newville Rd. Roderick Kock, Carliata, PA 11013 Deborah Howe, Jossica Howo, Androw Howe, Shawn Howe, Marie Data 9/96 to 11/96 11/96 to 3/81 fa fiYlpN, I6ft, a" (rI 11#04, 41111 fit if tarty hirigtor 1 tna wilidemase/ I 11311 NawvI l Iii Head Wof to tiskiiIt oft Hu"m, CarIiala, PA 1f{iiI firasont Jar1s16"4 lictwe, Alidraw HotVe, blinwn Howe, Mar to HuWe, lsiria8 ?)r i(tim atlt) Nr i t f einy ?inaer It;e Inr,ther fit ilia child Is 11ns windom4kor, currently 1e51111 riq at I144 New YIIIa Wind, (`ar11s1a, panrtsyIvan 14. Wit, Is bln4jv. Ilia tsther tit It," iahlIll Is modyrlc.1i ROLL, r>urranlly rif FS idtnq, IH tha 1401! of the fllaintIt f'0 It nowlagga, in Cumb*rlgnd 4t,wit iy, pennaylvanla, it" tfi billets. 4. the raintiwtshifr of flletintift to the chiij it th4t of toothel . iflo pialritiff c=urrently resides with the foliowillq paraona: Name Ha t al lunsh i tl sort i Ngek 44UOhtor Oolior ah Howit mirl liar Jessica Howe sister Andrew Howa hrrithar btlawn 11owir trrothar Mfgrito Hooa t i`tal' James (II I"Oll mtvtIt to i's 1 1 a n c a lot Ill 4"y hinver dail yhl el ilia tri4111tIof ;wrehtIV is rastillnq at iloth NaWvi116 Rood, C4111111a, Fultr;bytvarila. r;, the reldt ii;r;bkllfi lit defenliarii in fit* (-fil iti 1s that of tat flat , the diatgndenl currantly raalliak airiha 144 the trast of the plaintiff's knowIAdgo. 6. Tha plaintiff has neat participated as a party or wIIrise%0 or in Another IopauIIy, in other Iit Igot ton concerning the custody of the cit ttIt In Ibis or another court. 7. The plaintiff has no Intotmatlon of A euatody proceeding concerning the child panning In a court of this CommonwonIth. a. Tit* plaintiff does not know of a poison tint a party to the proceedings who has physical custody of the child or Claims to have custody or vis IIat lon Ilghts with rasped io the r hi III, 9. The best interest and permanent woifar## of the child will be surveil by granting the roltof requested tot reasons Including the following: a, the mot tier has been the primary cartot Oar of the child eince birth and is in a position to continue to provide for the c,hild,b floods. b. 11lo chlld lies ratiriue health prohloms that roqulre epecial care and Monicatlon;ttie mother has Cons Iat all tIy provided fray the child's medical needs, while the father has shown no interest to loarning how to care tot ttie chtiIt 'a special needs, G. The father has said repeatedly that he will take the child and that the mother will navor flao the child again, d. fit or about late March of 1997, the father snatchod the child from the mother without taking any of the child's modicatlon without which the child would become critically Iii, Tim mother wag ahla in tegaIn Lu8lody when She found III" child 1411411 410d"d fn till, 14111rl'It cal, o: the fslto is r flay Ifit moll ynyd t(I hatm the mallist Anil hot f sm1 l y , yay IIIIf I flat h" heal Ur,0,41+1 w gun surf l till hp Was nr,l 1n cunltul and, thoroloro, l.auld aril ar helm rosp0notple If onYthing wets It, hpppyn I" hot tit hor f4ml ly. f, the frlho haw a alr+islil qnd unr.1,111 II,I IAli )a I*Roper , which hay load Its 1,16 growl far lorrutlylIt. Ihr*Ata and clmplo aaraull, 410 a wrtnrtiv fri'm II+e poIIu&I after ht• 01061 rpruynl t,ulkri+?1, Itt lit 4Y AWAY ft0ltt 1lie It 141titIfI r oo 111rhLO g, Ili* 141 It*( ot,ltror 1110441 dtuyy Maid 611-0101 rayularly, ruck Ih41 he Is till tw4t.Ito of I.air will flit Clio child, Ili, Each pwtwill iihare pat votaI 11gill % Ili the chi Ia have nat liven Iorm1n41ed will iho paryan Willi fray phyyicwl ctilaltidy of the r.fltlIf flwvo Gvol1 o4mad 4b pert toy lu IIr16 4t1lun. WIMMIrl'Of I Iffy It ltit llit lff tequ"yl1i iIt ly LoutI to Y1ont litllnaly phyrlt-ol LU6tritay lit the (lint1 1(1 the plglfit Iff. flayper;t fu l l y yutimI I I all I t 7 `( M ?r1rl C:yrey ,, Atl Irnay fliI P AIntlfi IgEtAt- 6ktivICIE b INC. A Irvine fill" flrIIa101 PA I1011 11111 217-4400 1'ha above-named plot lilt III. 11114 Windvmakvr, Vert I job 111141 thtl 41Ateonentm made In the mlwvv 1'omplainl arv Illie 4011 GttrratI, The On IIII I f r undurNI andy thmt 141 10V mtalatnvlla 1101Vill arv mado subject to the peon It iuN of IN i'm.t',a. 1 419114 to lilt ing la un4warn fal%II X 1114111 to authollllee, n/ t '9- 4 4' 040840 A, I `ring W "toms or, lslalrtllff i t? e.. t ? t M lino wiodemalier, IN 1?ik COOH1 OF COMMON KkAS OP Plaint IIt CUMUkHIAND COUN It. PkNNbYIVANIA v. NO, Of -t)(41(:Ivil TkHM Hr.dBr ic:M MwcM, . 091#11Q4111 pU4TOUY MAWR W Pfi"kkl) IN tGKMA PAUKRIN lu the ProthonOtaty. Mlndly Wow flop wind#mAkat 1o proceed lit f11tmm plup![If- I, Juan Carey, ellot stay for the l7#rty prucew(jing III furor I)AWUillllr, (•prllty Ihat 1 bwiiev# the pally rrr unable to pay the costa, and thill 1 am Ploy id 1119 tree 189#1 #ervicee is) the party. the party's attidavit showing inability Ili tiny the cuata of lltigallun is attached hereto. i.(cliln Carey, Allurne for Plaintiff LEGAL W VICkh, INC. A Irvine How Carll#iw, PA 11011 (111) 241-V400 line Wlndomaker, I IN THE COURT OP COMMON PtkAS OF Plaintiff ; CUMNFHI.ANt) COUNTY, PENN8YtVAN1A V. NO. 91 - civil TERM Roderick Keck, ; i Defendant CUSTODY 01-10AVI1 IN HUPPO111 OF PE1111ON FOR tFAVE 10 PROCEED IN FORMA PAUPEIilh 1. 1 am the plaintiff in the above matter end because of my flnenr,ial condition am unable to pay the fees and costs Of prosecuting, dsfending, or swiveling the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the Information below relating to my inability to pay the fees end costs is true and correct. a) Name: Tina Windemal•ar Address: iifill Nowvilla Road, Carlisle, PA 17013 Social Security Number: 112-911-8179 b) If you are presently employed, slats Employer: The Sentinel Address: ib1 Fast North Street, Carlisle, PA Salary/wages per month: 390.00 Type of work: telemarketing If you are presently unemployed, state Date of last employment: n/a Salary/wages per month: ri/a Type of work: n/a c) Other income within the past twelve months Business/pr Of a®elrift: n/e Other self-employment: n/a Interest: n/a Dividends: n/n Pension end annuities: n/a Social Security benefits: n/a Support payments; 30.00 per week Disability payments: n/a Unemployment compensation and supplemental benefits: n/a Worker's Compensation: n/a Public: Assistance: medical assistnace for the two children Other; n/a d) Other contributions to household support Wife/Husband Name: n/a it wife/husband is employed, state Employer: n/a Address: n/a Sslary/wages per month: n/a Type of work: n/a Contributions from child(ren): n/a e) property owned Cash: 0.00 Checking Account: 0.00 Savings Account: 0.00 Certificates of Deposit: 0.00 Real Estate (including home): 0.00 Motor vehicle: n/a Stocks/bonds: 0.00 Other: n/a f) Debts and obligations Mortgage: n/a Rent: n/a Loans: n/a Monthly expenses; 115.00 (baby expenses) g) Persons dependent upon you for support Wife/husband Name: n/a Children, if any: Brittany Singer (9 yrs.) and Kerri Keck (5 months) 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. i verify that the statements made in thin affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa. C.B. ® 4904, relating to unsworn falsification to authorities. // Date: y /7' `? 7 ,_2,.A a !t/ut,?Grrudu t iT na WIndernakar, Plaintiff r• y: i ' _ ? ? , ( . s •'. n t .. Tina Windemaker, PI ainlif f v. Roderick Kock, Defendant IN 114E COUR1 Of COMMON P1EAS Or CUMBERLAND COUNTY, PENNSYLVANIA NO. 91- ?Jq3 CIVI1 TERM CUSTODY TEMPORtRY CU51Qt?Y ORDER AND NOW, this 1 \ / !! day of April, 1997, upon consideration of the Pat it ion for Special fieIiaf, the following Temporary Custody Order is entered regarding the parties' child, Kerri Keck: t. The plaintiff, Tina Windemaker, hereinafter referred to as the mother, shall have primary custody of the child. 2. The defendant, Roderick Keck, hereinafter referred to as the father, shall have the right of supervised visitation with the child through the YMCA program. 3. The father shell not remove the child from Pennsylvania. 4. This Order remaifie in effect pending further order of court. By the Court, /it t t I( Joan Carey Attorney for Plaintiff Roderick Keck - cbp'"1`0.trit Defendant c\o Deborah Fulton 322 East North Street Carlisle, PA 17013 U, Tina Windemakar, Plaintiff v. nodorick Kock, Defendant IN 1riF CnUHI OF CnMMON PI.FAli OF COM11FRIANii COUNTY, PFNNSYIVANIA NO, qT-,j1y5 CIVII TFHM CUSTODY PETITION FOR 6P€CI91. RELIEF The petitioner by anrd through her attorney, Joan Carey, legal Services, inc., raprosenta the following: 1. The plaintiff, Tina Windomaker, hereinafter referred to as the mother, resides at 1186 NeW0 110 Road, Carlisle, Pennsylvania 17013. 2. The defendant, Roderick Kock, hereinafter referred to as the father, resides, to the hest of the plaintiff's 1,nowlerdge, within Cumberland Crninty, Pennsylvania. 3. The parties are the parants of Korri Kock. 4. A Complaint for ruetody wao filed in the above-captioned matter by the mother, and a conciliation conference will be scheduled in this matter. 5. The beat interests and permanent welfare of the child will be served by granting the relief requested tot reasons including the following: a. The mother has bean the primary caretaker of the child sinr.o birth acid is in a position to continuo to care for tier needs. b. The tattier has said repeatedly that he will take the chdlit and that the mother will never see the child again. c, file child tins ser Hour, health Oroblerrir; I1131 rsrturra special care and medical run; the mother has ccmarHI alit ly provided tot the child's medical naods, while the father ties shown no interest in lanrning how to ears for Ilia child's special needs. d. in or about into March of 1991, the father vint (,tied the child from the mother without taking any of Ilia Oil Id's medication without which the child would become critically ill. The mother was able to ragain custody when slim found the child unattended in the father's car. e. The father, has threatened to harm the mother and her family, saying that he had bought n gun and that he was not in control and, therefore, could not be hold responsible if anything wore to happen to liar or liar family. f, The father abuses illegal drugs and alcohol use regularly, such that he is Incapable of taking care of the child. g. The father tins a violent and uncontrollable temper, which has lead to Ilia arrest for terroristic. threats and simple assault, and a warning from the police, after his most recent outburst, to stay away from thu plaintiff's residence. 6. Without the intsrvention of the court, the mother fees irreparable harm to the child by the father who has not acted in the child's best Interests in ways including those listed in paragraph 5 above, WtiEnFFORr, tho plalniiff lurluasts that this court inter a fNmluuof y Or d41 pi alit 1119 Itlunadtals custody of 1110 child to hot, HO iPact ItjIIy submittad, 7 jo iJbin Cgray Attornsy far Plat I f f LEGAL NENVICES, INC, e Irvln• How Carlisle, PA 17013 (717) 243-8100 Ihv allovv-un,nad 11!10111111, 'I 'Inn Winilvmnket, VvlIf It's Clint Ihv Ntit tvinv111M mndu In IIII- #11)41V I. PkIIIIIll IIIv 11uv and corrvcI. Ilse plaintIll undulklanda Ilint fit1NU Nlntamenth hureln ere made eub)vat to ihu pvnnlI iv% of IN hnX.N. N 44!111 rvlnt my to utlaworn fit 1NiIlunlhill to nutlimIIivN, Tlna WIndemnkrr, PIaItit M r? ? :. TINA WINDEMAKER, Plaintiff vs. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.2143 CIVIL TERM CIVIL ACTION • LAW CUSTODY/VISITATION r{ ORDER AND NOW, tills..-) day of 1997, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, It Is hereby ordered and directed as follows: 1. The Order of April 25, 1097, Is vacated. 2. The parties shall share legal custody of their minor child, Kerrl Keck, d.o.b. September 20, 1998. 3. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Saturday at 9,00 a.m. until Sunday at 7:00 p.m. This alternating weekend schedule shall begin on Juno 21, 1997. B, One evening per weak from 4:00 p,m. until 8:00 p.m. This evening shall be Wednesday unless the parties otherwise agree. C. Father Is entitled to an occasional period of custody and visitation on Friday evening for purposes of visiting his father, the paternal grandfather. These Friday evenings are to be agreed upon by the parties. 4. The parties shall share the holidays evenly as agreed upon by them. 5. The parties shall refrain from the use of, ar-1 exposure to, illegal drugs while the child is in their custody, 6. Father shall provide all transportation under this Order. 7. Both parties shall provide each other with a current address and current telephone number. S. Such other times as the parties may agree. BY T IE COURf, AflOL[] E. SNEELY,- .J. Joan Carey, Esquire 4,13olI q Carol J. Lindsay, Esquire 'A f. m1b - 'I TINA WINDEMAKER, Plaintiff vs. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.2143 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E. Shealy, P.J. DIlB 01M.C4NGIUATION CONP.EEiE CEBUMMARY. HEf'VHT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1916.3-8(b), the undersigned Custody Conciliator submits the following report: 1. Thu pertinent Information concerning the child(ron) who Islets) the subject of this litigation is as follows: NAME DIRDILIATE CURRENTLY IN CUM" Kerri Keck September 28, 1998 Plaintiff 2. A Conciliation Conference was hold on June b, 1997, and the following Individuals were present; the Plaintiff and tier attorney, Joan Carey, Esquire; the Defendant appeared with his attorney, Carol J. IIndsay, Esquire. 3. Items resolved by agreement; Boa attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody Is as follows; Sao attached Order. p. The pelendent's position on custody is as follows, See attached Order. 7. Need lot separate counsel to represent child(ren): Neither party requested. h, Need lot independent psychological evaluation or counseling, None taquested and the Conciliator does not believe any is necessary. Ir Date; June 14, 1907 Michrel 1. pangs Custody Conciliator TINA WINDEMAKIilt., ; IN TILE COURT OF COMMON PLEAS Oil Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V, ; CIVIL, ACTION - LAW IN CUSTODY RODERICK KECK, Iefendant : NO. 97.2143 CIVIL TERM PRAECIPII TO ENTI I'I'HARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Roderick Keck, the Defendant In the above captioned matter. Date: luwi :4 1121 Judson R. Perry Certified Legal Intern t THOMAS M. PLACE Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 43 North I'M Street Carlisle, Pennsylvania 17013 (717) 243-2968 [lax: (717) 243.3639 ?=j ??? r.• ? ?j ?? ,; 1 ' x:: ; ? ? ?i ? . i } n t '? t: ? ?• i?1 ?? ??? ? y) ] ? ? i VV TINA WINDIiMAKIA, IN 'I IM COUIU OF COMMON I'ITAS Oil Plaintiff CUMDURI.AND COIIN'I'Y, PUNNSYLVANIA v. CIVIL ACTION - I.AW IN CUSTODY NOUPRICK KKC'K, Dofaldam NO. 97 2141 CIVIL TURM vWIVILA1'ff_12.N' SuY1tx 1, Judum p. Perry, t:'ertified Legal Intern, of Ufa family Law Chnic, hereby will'y that 1 am lorviny a true alai CM1041 ropy of file Pint ipe Io Enter Appearance on opposinit counsel, Joan Carey, P.aquiro, at 10141 Up vice, 11W.; tl Irvinc Row; C811111e, Culnborlalxi Clxrnly, Powaylvani4 17017 by dopominit 4 copy of the a®ll1n In the United Slates 111411, I ir41 C-IA$$, lxral4lo pralraid, this ±! clay of .._m._, 19A9. 1 K I.._ , /e uda<ru I. Lrar_ry Cer1111od It-SRI Intern FAMILY LAW CHNIC 43 North Pill Street Corli?1o, Pomulylvani4 17019 17171241.2960 Vou 1717? 243.3639 ;+? a 1 1 ?jif ?!' f ETA TINA .1, W?NI)hMAKER, IN '1'1115 COURT OF COMMUN PLEAS OF Plaintiff CUMIJGRLAND COUNTY, PENNSYLVANIA V. i C1VI1, AC'T'ION - LAW RODERICK KECK, i Defendant No. 97--1143 CIVIL. TERM ORDER ""= AND NOW, Chia 11th day Of June, 2001, upon( consideration of Plaintiff 'a Petition for Special Relief and Motion To Make Rule Absolute, and pursuant to an agreement reached in open court between the parties and their respective counsel, Itobett L. 014itlen, Esquire, on behalf of the Plaintiff, and Gregory Cutler, Esquire, on behalf of the Defendant, it in ordered and directed as follows$ 1. Father shall refrain from the use of any alcohol or other drugs during the monthly period that Kerri remains with her father( 2. Neither party will transport Kerri in an automobile since neither parent is currently licensed to drivel 3. Mother, shall have phone contact with Kerri on Tuesdays and Thursdays at 6:00 p.m, during the month mile is with her fathers 4. Father may have phone contact with Kerri during tale monthe that. Bile is With her mother at any time( L b, Thu Court ham agreed to aehedule a If r healincg nn any modificat.itni of the existinta uldel will Ch might be appropriate dependimi upon future clrczumslancea of the Defendant: arising out of prevent criminal charges ag& 1nsL Will at euctt time ae a requeut for s hearing to made by either counsel, Robert L. 019rien, Require For the Plaintiff ?regory Cutler, Require For the Defendant wcy By the CoulL, d' _ iTaley tl a Tri j, >1 i ? iINAWINI WINIWMAKUH, IN 1111%(01141 ()1 Plaintiff ('I IN111hJ(I AND ('(A IN I Y, PI.NNhYi.VANIA v. C'IVII. A(' i if ?N i AW ICUI)VI(I 'K KIiC'K, MI'vildanl Nt1. 97.2141 CIVIL I HIM ltl ut U1 LUU) U AND NOW, this fat day of Nviu ibel, 1y+)9, upal tonritl9rwllwl of tho low of custoily of Iha parties' didd. Kclll Keck ids) b Svptembvr 2M, 199g1, will tha court finding Thal i'IahifUt 1149 ihowll Ilial ho IvImalloil 141 Mlliell, Cieolgia, will improve file ilualily of life of her and the Olild, 1Yas Ilol moltiawd by a Mile It) Iruklrale file pareillul rights of Irefendaln, and dov9 not ollct the piodpccr tit an unwoikablc analillemenl with respect to the clijoymcnl of cu%lody by I?elendanl, and lidluwiny a hearuiy, it is ordelcd and directed as follows i . I egal cilslody of file child 6llail he ahowd by file liaitles. 2. himary physical ktwody of div child shall by hl lilt! mother. 1. Partial tit fcnipowly physical custody of the child aliall be Ill the lislher one mouth ouf of Ilnt+, Uaoowliclog on IhC IhM of the molith; plovidcd. Thal d4litie odd uutuhclcil iVmit Ihv tatllet's Neplembcr cu9lodlill pcliod aheil tomlude oo 11clifvinhvi :r), ihal on even II1lmhelCd yCa19 Ific Itlllm 9 I)ctcolhcl clinlodtill pcliod 9liall Conclude 141 Pei vint,cl 211 and Thal cw h *ummet tliv lullw6i lung woodl4l period shall C>rlcnd Ihi all alldllhdlill %%v4: k 111111 filly 4. I ncilangcs of vi ilndy shall lxcur 41 4 nlidPoiul hetwcan the parties' millcnccs, al bvI%%vvn 2 01) pill and 2 Ill p Ill prevailing (tine. I l ... v 'I'll IS ORDER Khali supersede any prior custody order enicmd ht 1ldK case, ICY TI IU COUICl,, Robert L. O'Bricu, Usti. 17 W. South Street Carlisle, PA 17013 Attorney fir I'laintif3' Judson It. Perry Ccrtifled I.egal Intern Robert H. Rains, Usti. Thomas M. Place Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Atlorncys fir Defendant C.,tvr?• ?.?a.r y.afr4 rc TINA WINIIEMAKt4h, i 114 'I`Nta (oillrr (it 10111,1t114 PIJ- tl Ot Ylfit lit:Iif ! CUMHFNI.AND COUNTY, 11AMNYLVANIA V. ! ( HODEKICK KKCK, I CIVIL ACTION - I,AW Potendont ! 97-2111 CIVII. 'iE M IN RKt DEVENDANT'N PETITION F(MR CMP ClAti, RELIEF PURSUANT TO PA. R,t'.P. 1915413 Oktik." OF ("OUR, 1 AND NOW, tills 9t.1i day of July, 19991 upon consideration of Defendant 'a Put it ton tilt 'ipecial Relief Putsusnt to Pa. R.('.,P. 1915.13, and following a hearing held on Junta 17, 1999, and July 9, 1999, and a prtind facts case In tavor of Plaintiff's ralocation with the patties' child, Kerri Keck td.o.b. 5eptarnber b, 199111, to Millon, Georgia, in terms of improvement of the quality of lito of t'latntitt and the child, tit an at)sellea of an improper motivalion, and of the teanihility of a continuation of Detsndant's relationship with the c;htld having taaan made in the C'outt's view, Dotandant's petition for apoclal teliet In the form of a writ of lie exeat to dented without proludice to the I.attiea' rights to futthet litigate the lasue of Ilia howl- area tot petmanont residence of I:hp child In the ronluill of a petmanuill custody order. Padding the custody conciliation c:onferance achaduled in this case for July 15, 1999 grid further order of Coutt, lagai custody tit the chi lit shall he In Plaintiff, the mother. Pattial physir'al custody of the child shall he in Defendant, the fath€at, for a period of one month out of three, with the first. rnantJi of auc'h patttal cuetoriy to rimmianco on tloptember It 1913(1. 99jaJ'U t . AY s'. Exchangeti „I , ust tidy shat l „rat u, at a midpoint i,et.NNen the parties' tesidences at a time and place mutually dclreed upon, by the Court, Aasley O , r„ Robert L, O'Brien, Esquire 17 West South street Carlisle, PA 17013 rot the Plalntif Judson U. Perry,Certified Legal Intern Donald Marritz, Esquire For the Defendant It TINA J. (WINDEMAKER) GAINES, Plaintiff/Respondent V. RODERICK KECK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1997 - 2143 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Defendant/Petitioner, Roderick Keck, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner is Roderick Keck, an adult individual residing at 184 Darr Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Tina J. (Windemaker) Gaines, an adult individual residing at 2129 Highway 25 North, Millen, Georgia 30442. 3. The parties are the natural parents of one (1) minor child, namely Kerri C. Keck, born September 28, 1996. 4. The parties are currently governed by a custody Order of Court dated September 1, 1999, a copy of which is attached hereto and marked as Exhibit "A" and an Special Relief Order of Court dated June 11, 2001, a copy of which is attached hereto and marked as Exhibit "B". 5. The Respondent has relocated to Georgia and the Petitioner seeks to modify the existing Order to provide for reasonable temporary custody of said minor child with the Petitioner. 6. The Petitioner desires joint legal custody and periods of temporary custody during the summer with the Petitioner as the parties can agree. 7. The Petitioner also desires reasonable telephone contact on a regular basis with the minor child as the parties can agree. 8. The best interests and permanent welfare of said minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Roderick Keck, respectfully requests that he be granted shared legal custody of said minor child, Kerri C. Keck, temporary physical custody during the summer, and reasonable telephone contact on a regular basis. By: Attorney for Plaintiff-' 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: March 21, 20008 Respectfully submitted, EXHIBIT "A TINA WINDEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RODERICK KECK, Defendant NO. 97-2143 CIVIL TERM ORDER OF COURT AND NOW, this 14-t' day of September, 1999, upon consideration of the issue of custody of the parties' child, Kerri Keck (d.o.b. September 28, 1996), and the court finding that Plaintiff has shown that her relocation to Millen, Georgia, will improve the quality of life of her and the child, was not motivated by a desire to frustrate the parental rights of Defendant, and does not offer the prospect of an unworkable arrangement with respect to the enjoyment of custody by Defendant, and following a hearing, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Partial or temporary physical custody of the child shall be in the father one month out of three, commencing on the first of the month; provided, that during odd numbered years the father's September custodial period shall conclude on September 26, that on even numbered years the father's December custodial period shall conclude on December 23, and that each summer the father's June custodial period shall extend for an additional week into July. 4. Exchanges ?o£ c srq+dq` sfi -11 occur at a midpoint between the g parties' residences, at between-' OO1-.m. and 2:30 p.m. prevailing time. r. THIS ORDER shall supersede any prior custody order entered in this case. BY THE COURT, Robert L. O'Brien, Esq. 17 W. South Street Carlisle, PA 17013 Attorney for Plaintiff Judson B. Perry Certified Legal Intern Robert E. Rains, Esq. Thomas M. Place Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Defendant y? :rc TINA WINDEMAKER, Plaintiff V. . RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97-2143 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P. 1915.13 ORDER OF COURT AND NOW, this 9th day of July, 1999, upon consideration of Defendant's Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and following a hearing held on June 17, 1999, and July 9, 1999, and a prima facie case in favor of Plaintiff's relocation with the parties' child, Kerri Keck (d.o.b. September 28, 1996), to Millen, Georgia, in terms of improvement of the quality of life of Plaintiff and the child, of an absence of an improper motivation, and of the feasibility of a continuation of Defendant's relationship with the child having been made in the Court's view, Defendant's petition for special relief in the form of a writ of ne exeat is denied without prejudice to the parties' rights to further litigate the issue of the best area for permanent residence of the child in the context of a permanent custody order. Pending the custody conciliation conference scheduled in this case for July 15, 1999 and further Order of Court, legal custody of the child shall be in Plaintiff, the mother. Partial physical custody of the child shall be in Defendant, the father, for a period of one month out of three, with the first month of such partial custody to commence on September 1, 1999. Exchanges of custody shall occur at a midpoint between the parties' residences at a time and place mutually agreed upon. By the Court, ') A Lalz J Wesley O , Jr. , J ' Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintif Judson B. Perry,Certified Legal Intern Donald Marritz, Esquire For the Defendant it EXHIBIT "B" TINA J. WINDEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RODERICK KECK, Defendant No. 97-2143 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of June, 2001, upon consideration of Plaintiff's Petition for Special Relief and Motion To Make Rule Absolute, and pursuant to an agreement reached in open court between the parties and their respective counsel, Robert L. O'Brien, Esquire, on behalf of the Plaintiff, and Gregory Cutler, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. Father shall refrain from the use of any alcohol or other drugs during the monthly period that Kerri remains with her father; 2. Neither party will transport Kerri in an automobile since neither parent is currently licensed to drive; 3. Mother shall have phone contact with Kerri on Tuesdays and Thursdays at 6:00 p.m. during the month she is with her father; 4. Father may have phone contact with Kerri during the months that she is with her mother at any time; 5. The Court has agreed to schedule a hearing on any modification of the existing order which might be appropriate depending upon future circumstances of the Defendant arising out of present criminal charges against him at such time as a request for a hearing is made by either counsel. Robert L. O'Brien, Esquire For the Plaintiff Gregory Cutler, Esquire For the Defendant wcy 6e By the Court, VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. 7 le"I ODERICK KECK Date: March 21, 2008 -El?- C! ? w 0 4? .? ..cr c O° ? ?. r , ? < _ f , ` .?: ?. ?,, ;, ?? ?, - -?.,? s? : -t- _.? _ ' ` ?+ -.. ?, t., `.? ?? TINA J. (WINDEMAKER) GAINES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V• 1997-2143 CIVIL ACTION LAW RODERICK KECK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at4th Floor, Cumberland Count Courthouse, Carlisle on Friday, April 11, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? a°?".rr '?'O1? ?a Fh jy ?p ? ??J'?"??'?J ?af/y _, ?: r?r ? _: rtr I ? ?iS ??.. ?:: ,? ?? '??t or N MAY s a 2008r TINA J. (WINDEMAKER) GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW RODERICK KECK, NO. 1997-2143 Defendant IN CUSTODY COURT ORDER AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: cc I . The mother, Tina J. Gaines, and the father, Roderick Keck, shall enjoy shared legal custody of Kerri C. Keck, born September 28, 1996. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary custody of the minor child as follows: A. From May 24 through Saturday, July 26`h for the upcoming summer; B. For the Christmas holiday, from December 26`h through the remainder of the holiday and to be returned the day before school is starting; and C. At such other times as the parties agree. 4. For transportation, father shall pick the child up on May 24`h. For the delivery of the child on July 26`h and for all exchanges of custody thereafter, custody shall be exchanged at the halfway point which is at Fancy Gap, Virginia, and shall be at 1:00 p.m. unless agreed otherwise between the parties. If mother believes she cannot provide an adequate vehicle for transportation on exchange of custody and if she sends the father a $100.00 money order in advance of the date of the day of the exchange, father shall handle transportation for exchange of custody. 5. Both parents shall enjoy reasonable telephone contact on at least a weekly basis when the child is in the other parent's custody. 6. In the event either party desires to modify this Order, that person may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. Z " arcus A, McKnight, III, Esquire ? Ms. Tina J. Gaines loo t ES .7t7 t l?d? RV -F" r'nT rurr , r: J?y f ?_I? r 4 TINA J. (WINDEMAKER) GAINES, Plaintiff v RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1997-2143 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The Conciliator had scheduled a second telephone conference custody conciliation. The Mother did not answer her phone despite a letter sent to her. However, Father's counsel indicated that the Mother and Father have communicated and reached an agreement which is set forth in the attached proposed Order. Date: May - > 2008 Hubert X. Gilroy, quire Custody Concili or AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. I'INA J. (WINDEMAKER) GAINES, Plaintiff/Respondent V. RODERICK KECK and DEBORAH D. LEREW, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1997 - 2143 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Deborah D. Lerew, by her attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner is Roderick Keck, is an adult individual residing at 184 Darr Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Petitioner is Deborah D. Lerew, is an adult individual residing at 311 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17015. 3. The Respondent is Tina J. (Windemaker) Gaines, is an adult individual residing at 2129 Highway 25 North, Millen, Georgia 30442. 4. The Petitioner, Roderick Keck and the Respondent Tina J. (Windemaker) Gaines are the natural parents of one (1) minor child, namely Kerri C. Keck, born September 28, 1996. 5. The Petitioner, Deborah D. Lerew, is the fraternal grandmother of the minor child, Kerri C. Keck. 6. The Petitioner, Roderick Keck and the Respondent Tina J. (Windemaker) Gaines are currently governed by a custody Order of Court dated September 1, 1999, a copy of which is attached hereto and marked as Exhibit "A", a Special Relief Order of Court dated June 11, 2001, a copy of which is attached hereto and marked as Exhibit "B", and a Order of Court dated May 29, 2008, a copy of which is attached hereto and marked as Exhibit "C". 7. The Respondent has relocated to Georgia and the Petitioner, Deborah D. Lerew, fraternal grandmother of said minor child, seeks to modify the existing Order to provide her with full physical custody, shared legal custody, and for reasonable temporary custody of said minor child with the Respondent as the parties can agree. 8. The best interests and permanent welfare of said minor child requires that the Court grant the Petitioner's request as set forth above. 9. The minor child, Kern C. Keck, now age eleven (11), desires to live with her grandmother, Deborah D. Lerew. 10. The living conditions of said minor child, Kerri C. Keck, in Georgia, were deplorable, and her situation has improved greatly since her arrival in Pennsylvania. 11. The Plaintiff, Roderick Keck, the natural father of the minor child, Kerri C. Keck, joins in this Petition and believes that this request is in the best interests of said minor child. WHEREFORE, Petitioner, Deborah D. Lerew, respectfully requests that she be granted shared legal custody of said minor child, Kerri C. Keck, with primary physical custody and for reasonable temporary custody of said minor child with the Respondent as the parties can agree. Respectfully submitted, IRWIN & McKNIGHT By: Marcu A. Mc I , squire Attornfor P ntiff 60 We t Po fret Street Carlisle, P nnsylvania 17013-3 2 (717) 249 353 Supreme Cou D. No. 2547 Date: July 3, 2008 EXHIBIT "A" TINA WINDEMAKER, : IN THE COURT OF CO1'VIMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RODERICK KECK, Defendant NO, 97-2143 CIVIL TERM ORDER OF COURT AND NOW, this ?al- day of September, 1999, upon consideration of the issue of custody of the parties' child, Kerri Keck (d.o.b. September 28, 1996), and the court finding that Plaintiff has shown that her relocation to Millen, Georgia, will improve the quality of life of her and the child, was not motivated by a desire to frustrate the parental rights of Defendant, and does not offer the prospect of an unworkable arrangement with respect to the enjoyment of custody by Defendant, and following a hearing, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Partial or temporary physical custody of the child shall be in the father one month out of three, commencing on the first of the month; provided, that during odd numbered years the father's September custodial period shall conclude on September 26, that on even numbered years the father's December custodial period shall conclude on December 23, and that each summer the father's June custodial period shall extend for an additional week into July. 4. Exchanges,;o£ ?ctistgdy ;sH-11 occur at a midpoint between the parties' residences, at be4ween--ib'01 .m. and 2:30 p.m. prevailing time. ? .. J r. -.y THIS ORDER shall supersede any prior custody order entered in this case. BY THE COURT, Robert L. O'Brien, Esq. 17 W. South Street Carlisle, PA 17013 Attomey for Plaintiff Judson B. Perry Certified Legal Intern Robert E. Rains, Esq. Thomas M. Place Supervising 'Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Defendant l >% :rc TINA WINDEMAKER, Plaintiff V. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97-2143 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P. 1915.13 ORDER OF COURT AND NOW, this 9th day of July, 1999, upon consideration of Defendant's Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and following a hearing held on June 171 1999, and July 9, 1999, and a prima facie case in favor of Plaintiff's relocation with the parties' child, Kerri Keck (d.o.b. September 28, 1996), to Millen., Georgia, in terms of improvement of the quality of life of Plaintiff and the child, of an absence of an improper motivation, and of the feasibility of a continuation of Defendant's relationship with the child having been made in the Court's view, Defendant's petition for special relief in the form of a writ of ne exeat is denied without prejudice to the parties' rights to further litigate the issue of the best area for permanent residence of the child in the context of a permanent custody order. Pending the custody conciliation conference scheduled in this case for July 15, 1999 and further Order of Court, legal custody of the child shall be in Plaintiff, the mother. Partial physical custody of the child shall be in Defendant, the father, for a period of one month out of three, with the first month of such partial custody to commence on September 1, 1999. Exchanges of custody shall occur at a midpoint between the parties' residences at a time and place mutually agreed upon. Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintif Judson B. Perry,Certified Legal Intern Donald Marritz, Esquire For the Defendant It By the Court, EXHIBIT "B" TINA J. WINDEMAKER, Plaintiff V. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 97-2143 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of June, 2001, upon consideration of Plaintiff's Petition for Special Relief and Motion To Make Rule Absolute, and pursuant to an agreement reached in open court between the parties and their respective counsel, Robert L. O'Brien, Esquire, on behalf of the Plaintiff, and Gregory Cutler, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. Father shall refrain from the use of any alcohol or other drugs during the monthly period that Kerri remains with her father; 2. Neither party will transport Kerri in an automobile since neither parent is currently licensed to drive; 3. Mother shall have phone contact with Kerri on Tuesdays and Thursdays at 6:00 p.m. during the month she is with her father; 4. Father may have phone contact with Kerri during the months that she is with her mother at any time; 5. The Court has agreed to schedule a hearing on any modification of the existing order which might be appropriate depending upon future circumstances of the Defendant arising out of present criminal charges against him at such time as a request for a hearing is made by either counsel. By the Court, Robert L. O'Brien, Esquire For the Plaintiff Gregory Cutler, Esquire For the Defendant wcy EXHIBIT "C„ )WAY 8 3 2004„r TINA J. (WINDEMAKER) GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RODERICK KECK, NO. 1997-2143 Defendant IN CUSTODY COURT ORDER AND NOW, this day of _ , 2008, upon consideration of the attached Custody Conciliation Report, it is ordere and directed as follows: 1. The mother, Tina J. Gaines, and the father, Roderick Keck, shall enjoy shared legal custody of Kerri C. Keck, born September 28, 1996. 2. 'The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary custody of the minor child as follows: A. From May 24 through Saturday, July 26`h for the upcoming summer; B. For the Christmas holiday, from December 26`h through the remainder of the holiday and to be returned the day before school is starting; and C. At such other times as the parties agree. 4. For transportation, father shall pick the child up on May 24`h. For the delivery of the child on July 26`h and for all exchanges of custody thereafter, custody shall be exchanged at the halfway point which is at Fancy Gap, Virginia, and shall be at 1:00 p.m. unless agreed otherwise between the parties. If mother believes she cannot provide an adequate vehicle for transportation on exchange of custody and if she sends the father a $100.00 money order in advance of the date of the day of the exchange, father shall handle transportation for exchange of custody. 5. Both parents shall enjoy reasonable telephone contact on at least a weekly basis when the child is in the other parent's custody. 6. In the event either party desires to modify this Order, that person may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, 4) V-4,4 'i sley Olcr, .Ir., Ju ?. 4p cc: Marcus A, McKnight, Ill. Esquire Ms. Tina J. Gaines TINA J. (WINDEMAKER) GAINES, Plaintiff v RODERICK KECK. Defendant Prior Judge: The Honorable J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1997-2143 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The Conciliator had scheduled a second telephone conference custody conciliation. The Mother did not answer her phone despite a letter sent to her. However, Father's counsel indicated that the Mother and Father have communicated and reached an agreement which is set forth in the attached proposed Order. Date: May 2008 Hubert X. Gilroy, ?§quire Custody Conciliator VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DDate: JULY 3, 2008 h ? W O, n V F n T r.s ao w 3 w !i om TINA J. (WINDEMAKER) GAINES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1997-2143 CIVIL ACTION LAW RODERICK KECK AND DEBORAH D. LEREW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, July 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 07, 2008 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. 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/ Hubert X. Gilroy, 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 N -3d 8S : { wd i i inr Boot di ViQNO'' 100 d 3Nl d0 TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW Defendant : IN CUSTODY PRELIMINARY OBJECTIONS OF PLAINTIFF TO DEFENDANT'S COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, by and through her attorneys, MidPenn Legal Services, and files these Preliminary Objections to Defendant's Complaint for Custody and in furtherance thereof states as follows: 1. Plaintiff, Tina J. Gaines, resides at 2129 Highway 25 North, Millen, Jenkins County, Georgia. 2. Defendant, Roderick Keck, resides at 184 Darr Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Deborah Lerew, resides at 311 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant Keck are the natural parents of Kerri Keck, born September 28, 1996, hereinafter referred to as Kerri. 5. Defendant Lerew is the paternal grandmother of Kern. 6. Plaintiff and Defendant Keck are currently governed by a custody order dated May 29, 2008. 7. Kerri has resided with Plaintiff in Millen, Georgia continuously since 1999. 8. The best interests and permanent welfare of Kerri requires that custody remains with her mother. 9. Defendant Keck has not assumed the role and responsibilities of the child's parent for a 12 month period. 10. Pursuant to 23 Pa.C.S. §5313, Defendant Keck does not have standing to petition for custody of Kerri Keck. WHEREFORE, Plaintiff requests this Court dismiss Defendant's Complaint for Custody, based on the fact that under 23 Pa.C.S. §5313 Defendant does not have standing to request custody. Respectfully Submitted, iere D ' Alo nn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW Defendant : IN CUSTODY AFFIDAVIT OF SERVICE The undersigned certifies that a true and correct copy of the within was served this day by U. S. First Class Mail, postage pre-paid, upon the following: Marcus McKnight Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Date:2L 16" ?1_4 Jessi a Holst MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 ,..3 ?a ?._: ?? s?? r?,_T, -c; r?'I C.?? r _ 'y? ? _ ? ? w..? „J ?? "+ TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW Respondent : IN CUSTODY MOTION TO STAY THE PROCEEDINGS AND NOW, Petitioner, Tina J. Gaines, by and through her attorneys, MidPenn Legal Services, requests this Honorable Court decline to exercise its jurisdiction of the above captioned matter, and transfer jurisdiction to Jenkins County, Georgia, and avers the following: 1. Petitioner, Tina J. Gaines, resides at 2129 Highway 25 North, Millen, Jenkins County, Georgia. 2. Respondent, Roderick Keck, resides at 184 Darr Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Respondent, Deborah Lerew, resides at 311 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 4. Petitioner and Respondent Keck are the natural parents of Kerri Keck, born September 28, 1996, hereinafter referred to as Kern. 5. Respondent Lerew is the paternal grandmother of Kerri. 6. Custody regarding Kern is governed by a Cumberland County court order dated May 29, 2008 and entered by the Honorable J. Wesley Oler. 7. Kern has resided with Petitioner in Millen, Jenkins County, Georgia since 1999. 8. Kern attends school and has her medical records in Jenkins County, Georgia. 9. The majority of information pertinent to a custody case regarding Kern is located in Jenkins County, Georgia. 10. Petitioner is unable to personally appear in this Court due to the economic burden of traveling between Georgia and Pennsylvania. 11. Kerri's connection to Cumberland County is based on the contact through custodial visits with respondent Lerew when permitted by Petitioner, and through custodial visits with Respondent Keck, outlined in the May 2008 order. 12. Despite the May 2008 order granting Respondent Keck with an extended visit from May 2008 to June 2008, the majority of Kerri's time was spent with Respondent Lerew. 13. Pursuant to 23 Pa.C.S. §5427, this Court may decline to exercise its jurisdiction at any time when a court of another jurisdiction is the more appropriate forum. 14. For all of the foregoing reasons, Jenkins County, Georgia, is the appropriate forum for this custody action. 15. Petitioner's counsel has attempted to seek concurrence from counsel for Respondents Lerew and Keck, Attorney Marcus McKnight. Attorney McKnight has indicated that he does not concur with the relief requested. WHEREFORE, Petitioner requests this Court stay the custody proceedings pursuant to 23 Pa.C.S. §5427 upon condition that the proceedings be commenced in Jenkins County, Georgia. Respectfully submitted, Jes ica Holst MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW Respondent : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Court: Kindly allow Tina J. Gaines, Petitioner, to proceed in forma au ris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES !l J fV BY: .' J Jessica Holst, Attorney for Defendant 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW Defendant : IN CUSTODY AFFIDAVIT OF SERVICE The undersigned certifies that a true and correct copy of the within was served this day by U. S. First Class Mail, postage pre-paid, upon the following: Date: -?L Ly Marcus McKnight Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 ?1_4 Jessi a Holst MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 ra ?i 771 TINA J. GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RODERICK KECK and DEBORAH LEREW, Defendants NO. 97-2143 CIVIL TERM ORDER OF COURT AND NOW, this 6t' day of August, 2008, upon consideration of Plaintiffs Motion To Stay the Proceedings, the motion is denied. BY THE COURT, U J esley Oler Jr., J. Je ,pfca Holst, Esq. idPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Attorney for Plaintiff arcus McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants V A 0 :rc 'OiUUVAIAS l Q S =1 t wv 9- S V ODDZ 340-am TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW Defendant : IN CUSTODY AMENDED PRELIMINARY OBJECTIONS OF PLAINTIFF TO DEFENDANT'S COMPLAINT FOR CUSTODY I. STANDING AND NOW, comes Plaintiff, by and through her attorneys, MidPenn Legal Services, and files these Preliminary Objections to Defendant's Complaint for Custody and in furtherance thereof states as follows: 1. Plaintiff, Tina J. Gaines, resides at 2129 Highway 25 North, Millen, Jenkins County, Georgia. 2. Defendant, Roderick Keck, resides at 184 Darr Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Deborah Lerew, resides at 311 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant Keck are the natural parents of Kerri Keck, born September 28, 1996, hereinafter referred to as Kerri. 5. Defendant Lerew is the paternal grandmother of Kerri. 6. Plaintiff and Defendant Keck are currently governed by a custody order dated May 29, 2008. 7. Kern has resided with Plaintiff in Millen, Georgia continuously since 1999. 8. The best interests and permanent welfare of Kerri requires that custody remains with her mother. 9. Defendant Lerew has not assumed the role and responsibilities of the child's parent for a 12 month period. 10. Pursuant to 23 Pa.C.S. §5313, Defendant Lerew does not have standing to petition for custody of Kerri Keck. WHEREFORE, Plaintiff requests this Court dismiss Defendant's Complaint for Custody, based on the fact that under 23 Pa.C.S. §5313 Defendant does not have standing to request custody. II. JURISDICTION 11. Paragraphs 1 through 10 are hereby incorporated as if fully set forth herein. 12. Kerri attends school and has her medical records in Jenkins County, Georgia. 13. The majority of information pertinent to a custody case regarding Kerri is located in Jenkins County, Georgia. 14. Petitioner is unable to personally appear in this Court due to the economic burden of traveling between Georgia and Pennsylvania. 15. Kerri's connection to Cumberland County is based on the contact through visits with Defendant Lerew when permitted by Plaintiff and Defendant Keck, and through custodial visits with Defendant Keck, outlined in the May 2008 order. 16. Pursuant to the Uniform Child Custody Jurisdiction Enforcement Act 23 Pa.C.S. §5427, this Court may decline to exercise its jurisdiction at any time when a court of another jurisdiction is the more appropriate forum. 17. For all of the foregoing reasons, Jenkins County, Georgia, is the more appropriate forum for this custody action. Wherefore, Plaintiff requests this Court dismiss Defendant's Complaint for Custody, based on the fact that under 23 Pa.C.S. §5427, Jenkins County, Georgia, is the more appropriate forum. Respectfully Submitted, Geoffrey Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 ¦ TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW Respondent : IN CUSTODY ORDER AND NOW, this day of August, 2008, it is hereby ordered that the PRELIMINARY OBJECTIONS OF PLAINTIFF TO DEFENDANT'S COMPLAINT FOR CUSTODY is scheduled for argument on , 2008 at _M. in Courtroom of the Cumberland County Courthouse. J. TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW Defendant : IN CUSTODY AFFIDAVIT OF SERVICE The undersigned certifies that a true and correct copy of the within was served this day, personally, upon the following: Marcus McKnight Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 d Date: ? U G Geoffrey Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 c? "" ? -+ rn . TINA J. (WINDEMAKER) GAINES, Plaindff/Respondent V. RODERICK KECK and DEBORAH D. LEREW, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1997 - 2143 CIVIL TERM IN CUSTODY AMENDED PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioners, Deborah D. Lerew and Roderick Keck, by their attorneys, Irwin & McKnight, and present the following Amended Petition for Modification of Custody. 1. The Petitioner is Roderick Keck, an adult individual residing at 184 Darr Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Petitioner is Deborah D. Lerew, an adult individual residing at 311 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17015. 3. The Respondent is Tina J. (Windemaker) Gaines, an adult individual residing at 2129 Highway 25 North, Millen, Georgia 30442. 4. The Petitioner, Roderick Keck, and the Respondent, Tina J. (Windemaker) Gaines, are the natural parents of one (1) minor child, namely Kern C. Keck, born September 28, 1996. 5. The Petitioner, Deborah D. Lerew, is the fraternal grandmother of the minor child, Kern C. Keck. The Petitioner, Roderick Keck, is the father of said minor child. 6. The Petitioner, Roderick Keck and the Respondent Tina J. (Windemaker) Gaines are currently governed by a custody Order of Court dated September 1, 1999, a copy of which is attached hereto and marked as Exhibit "A", a Special Relief Order of Court dated June 11, 2001, a copy of which is attached hereto and marked as Exhibit "B", and a Order of Court dated May 29, 2008, a copy of which is attached hereto and marked as Exhibit "C". 7. The Respondent has relocated to Georgia and the Petitioner, Deborah D. Lerew, fraternal grandmother of said minor child, and Petitioner, Roderick Keck, father of said minor child, seek to modify the existing Order to provide them with full physical custody, shared legal custody, and for reasonable temporary custody of said minor child with the Respondent as the parties can agree. 8. The best interests and permanent welfare of said minor child requires that the Court grant the Petitioners' request as set forth above. 9. The minor child, Kerri C. Keck, now age eleven (11), desires to live with her father, Roderick Keck and her grandmother, Deborah D. Lerew. 10. The living conditions of said minor child, Kerri C. Keck, in Georgia, were deplorable, and her situation has improved greatly since her arrival in Pennsylvania. WHEREFORE, Petitioners, Deborah D. Lerew and Roderick Keck, respectfully requests that they be granted shared legal custody of said minor child, Kerri C. Keck, with primary physical custody and for reasonable temporary custody of said minor child with the Respondent as the parties can agree. Respectfully submitted, IRWIN & McKNIGHT By: Marcu A , Esquire o y for Plaintiff 60 W st Pomfret Street Carlisle, Pennsylvania 17013- 222 49-2353 Supreme Cou o0. .25476 Date: August 7, 2008 EXHIBIT "A" TINA WINDE?LzkKER, IN THE COURT OF COM-.MON PLEAS OF Plaintiff CUMBERLAND COiJNTY, PEiNtiSYLVANIA V. CIVIL ACTION - LAW RODERICK KECK, Defendant NO. 97-2143) CIVIL TERM ORDER OF COURT AND NOW, this 14-1- day of September, 1999, upon consideration of the issue of custody of the parties' child, Kerri Keck (d.o.b. September 28, 1996), and the court finding that Plaintiff has shown that her relocation to Millen, Georgia, will improve the quality of life of her and the child, was not motivated by a desire to frustrate the parental rights of Defendant, and does not offer the prospect of an unworkable arrangement with respect to the enjoyment of custody by Defendant, and following a hearing, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Partial or temporary physical custody of the child shall be in the father one month out of three, commencing on the first of the month; provided, that during odd numbered years the father's September custodial period shall conclude on September 26, that on even numbered years the father's December custodial period shall conclude on December 23, and that each summer the father's June custodial period shall extend for an additional week into July. 4. Exchanges,Lof ci stgdv slialF occur at a midpoint between the parties' residences, at between2:00 -?.m. and 2:30 p.m. prevailing time. t _ ' G THIS ORDER shall supersede any prior custody order entered in this case. BY THE COURT, Robert L. O'Brien, Esq. 17 W. South Street Carlisle, PA 17013 Attorney for Plaintiff Judson B. Perry Certified Legal Intern Robert E. Rains, Esq. Thomas M. Place Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Defendant :rc TINA WIri7E;':?.XEP., V. RODERICK FE-CF, Defendant I'J i J '.T C_ ?C@'!?•l mac, P_?.. O? '.:1D C?ULI T Y 'JS 7 tTv CIIl7L ACTION - T A',11 97-2143 CIVIL TERM !N RE: DE FENDI?`iT ' S PETITION FOR 5PECII_., RELIEF PURSUANT TO PA. R.C.P. 1915.13 OP.DER OF COURT AND NOW, this 9th day of July, 1999, upon consideration of Defendant's Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and following a hearing held on June 17, 1999, and July 9, 1999, and a prima facie case in favor of Plaintiff's relocation with the parties' child, Kerri Keck (d.o.b. September 28, 1996), to Millen, Georgia, in terms of improvement of the quality of life of Plaintiff and the child, of an absence of an improper motivation, and of the feasibility of a continuation of Defendant's relationship with the child having been made in the Court's view, Defendant's petition for special relief in the form of a writ of ne exeat is denied without prejudice to the parties' rights to further litigate the issue of the best area for permanent residence of the child in the context of a permanent custody order. Pending the custody conciliation conference scheduled in this case for July 15, 1999 and further Order of Court, legal custody of the child shall be in Plaintiff, the mother. Partial physical custody of the child shall be in Defendant, the father, for a period of one month out of three, with the first month of such partial custody to commence on September 1, 1999. Excl:ang°s c_ custody s::a_1 cccu a: a z,c i r.t between the parties' residences at a ti-e and place mutually agreed upon. Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintif Judson B. Perry,Certified Legal Intern Donald Marritz, Esquire For the Defendant It By the Court, EXHIBIT "B" TINA J. Plainti_` V. RODERICK KECK, Defendant IN THE CCURT CF COMMON PLEAS OF CL?IBER P?;r COii :v, '?F+ TS`i VA?T1A C-V7 L ACT102 - LAN . No. 97-2143 CIVIL TERM ORDER OF COUKT AND NCW, this 11th day of June, 2001, upon consideration of Plaintiff's Petition for Special Relief and Motion To Make Rule Absolute, and pursuant to an agreement reach°d in open court between the parties and their respective counsel, Robert L. O'Brien, Esquire, on behalf of the Plaintiff, and. Gregory. Cutler, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. Father shall refrain from the use of any alcohol or other drugs during the monthly period that Kerri remains with her father; 2. Neither party will transport Kerri in an automobile since neither parent is currently licensed to drive; 3. ,!other shall have phone contact with Kerri on Tuesdays and Thursdays at 6:00 p.m. during the month she is with her father; 4. Father may have phone contact with Berri during the months she is with her mother at any time; 5. The Court has agreed to schedule a hearing or_ any mcd_fica=_cr. of the exis..__ ? ordie might be appropriate depending upcn future circu:.,staZ^eS cf the Defendant arising cut of present criminal crarc_s against him at such time as a reaues-_ for a rearing is made by either counsel. By the Court, Robert L. O'Brien, Esquire For the Plaintiff Gregory Cutler, Esquire For the Defendant wcy IL*V? r L3 IV EXHIBIT "C" )WAY Z00a TINA J. (WINDE.ti1AKER) GAINES. INTHE COURT OF COM ION PLEAS OF Plaintiff CUMBLIZI-AND COUNTY, PFNNSYL 'ANIA CIVIL,1C"f10N - LAW RODERICK KECK, NO. 1997-2143 Defendant IN CUSTODY COURT ORDER AND NOW, this -42 day of 2008, upon consideration of the attached Custody Conciliation Report, it is orderedand directed as follows: The mother, Tina J..Gaines, and the father, Roderick Keck, shall enjoy shared legal custody of Kerri C. Keck, born September 28, 1996. 2. 'The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary custody of the minor child as follows: A. From May 24 through Saturday, July 26`h for the upcoming summer; B. For the Christmas holiday, from December 26`h through the remainder of the holiday and to be returned the day before school is starting; and C. At such other times as the parties agree. 4. For transportation, father shall pick the child up on May 24'h. For the delivery of the child on July 26" and for all exchanges of custody thereafter, custody shall be exchanged at the halfway point which is at Fancy Gap, Virginia, and shall be at 1:00 p.m. unless agreed otherwise between the parties. If mother believes she cannot provide an adequate vehicle for transportation on exchange of custody and if she sends the father a $100.00 money order in advance of the date of the day of the exchange, father shall handle transportation for exchange of custody. 5. Both parents shall enjoy reasonable telephone contact on at least a weekly basis when the child is in the other parent's custody. 6. In the event either party desires to modify this Order, that person may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 13Y "hI{[ COURT, cc: Marcus A. McKnight, Ill. Iacluirc Ms. Tina J. Gaines slcv Oler..Ir.,.1 UV .; n QM?3 TINA J. (WINDENIAKER) GAINES Plaintiff v RODERICK KECK. Defendant Prior Judge: The Honorable J. Wesley Oler, Jr. IN TILE COURT OF CONINIOti PLEAS OF CUMBERLAND COUNTY, PEN-NSYLV ANIA. CIVIL ACTION - LAW' NO. 1997-2143) IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The Conciliator had scheduled a second telephone conference custody conciliation. The Mother did not answer her phone despite a letter sent to her. However, Father's counsel indicated that the Mother and Father have communicated and reached an agreement which is set forth in the attached proposed Order. Date: May2008 Hubert X. Gilroy,'t~squire Custody Concili?iIor VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: August 7, 2008 51 r ? -74- • AUG 'I I zuu I TINA J. GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RODERICK KECK and NO. 1997-2143 DEBROARH LEREW, Defendants IN CUSTODY COURT ORDER AND NOW, this , Zt lj day of August, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the /'?a day of 2008, at 1=30 --f. m. At this hearing, the moving parties shall be considered the Father and the paternal Grandmother. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witness who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of May 29, 2008, shall remain in effect. 3. Counsel for the parties shall work between themselves to agree upon a proposed stipulation concerning the facts the Court needs to consider for purposes of addressing the procedural issues raised by the Mother. Those stipulated facts shall be delivered to the Custody Conciliator within three weeks from the date of this Order after which the Conciliator shall submit a further recommended Order to this Court setting a procedure for determination of the procedural issues raised by the Mother prior to the hearing scheduled above. i ? VIj vf1 ?ri?'h?,t f ??? 4. Mother is specifically directed to abide by the provisions of the existing custody Order including, but not limited to, providing the Father with reasonable telephone contact with the minor child on at least a weekly basis. BY THE COURT, cc: A. McKnight, III, Esquire larcus . Valerie Beaston, Student Attorney J. 7 esley Oler, Jr., J ge U o? J 1 TINA J. GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW RODERICK KECK and NO. 1997-2143 DEBROARH LEREW, Defendants IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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: Kerri Keck, born September 28, 1996 2. A Conciliation Conference was held on August 7, 2008, with the following individuals in attendance: Student attorney Valerie Beaston from MidPenn Legal Services represented the mother, Tina J. Gaines, who was available by telephone in Georgia. Also present were the father, Roderick Keck and the paternal grandmother, Debrorah Lerew, with their attorney Marcus A. McKnight, III, Esquire. 3. This case was before the Custody Conciliator in May of this year at which time the parties agreed upon a custody Order that essentially continued with Mother having primary custody and Father getting a period of time in the summer. Mother lives in Georgia and Father lives in Cumberland County. Although the Mother lives in Georgia, this Court issued custody Orders in July of 1999 and June of 2001 in addition to the Order entered in May of 2008. 4. Father and paternal Grandmother are petitioning the Court for primary custody. The parties are unable to reach an agreement on that issue and a hearing will be required on that matter pending resolution of the issues set forth below. 10 f 5. Mother has filed Preliminary Objections and a Motion for Transfer of Jurisdiction. Mother is suggesting the case should be litigated in Georgia because the child has been living there for a number of years. Mother also is contesting the standing of the paternal Grandmother to seek custody. 6. Upon agreement of the parties, the Conciliator suggests that a hearing should be scheduled on the merits in this case. Pending the hearing, the parties will file stipulated facts and the Conciliator will file a second recommended Order for the Court to address the procedural issues raised by the Mother. In the event an evidentiary hearing would be required, the Conciliator would make an appropriate recommendation to the Court. 7. The Conciliator recommends an Order in the form as attached. Date: August '2008 / * Kl?' eH?Kert X. Gilroy, squire Custody Concil' for TINA J. (WINDEMAKER) GAINES PLAINTIFF V. RODERICK KECK AND DEBORAH D. LEREW DEFENDANT IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 1997-2143 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, August 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 11, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Gilroy, Es q. odV 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 sJ - ,5-14 6:2 wry a w;??h,? € S -9 Wd S I SAV ROOZ TINA J. GAINES Plaintiff, v. RODERICK KECK and DEBORAH LEREW, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1997-2143 IN CUSTODY STIPULATION OF FACTS The parties in the above captioned matter, by and through their legal counsel, Grace D'Alo of MidPenn Legal Services, and Marcus A. McKnight, III, of Irwin & McKnight, hereby stipulate to the following facts subject as to objections as to relevancy: 1. Plaintiff, Tina J. Gaines, resides at 2129 Highway 25 North, Millen Jenkins County, Georgia. 2. Defendant, Roderick Keck, resides at 184 Darr Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Deborah Lerew, resides at 311 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant Keck are the natural parents of Kerri Keck, born September 28, 1996, hereinafter referred to as Kerri. 5. Defendant Lerew is the paternal grandmother of Kerri. 6. Custody regarding Kerri is governed by Cumberland County Court Orders dated September 1, 1999, and May 29, 2008, entered by the Honorable J. Wesley Oler. 7. Kerri has resided primarily with mother in Jenkins County, Georgia since May 1999. Kerri has enjoyed periods of partial custody with Defendants Keck and Lerew each summer and Christmas holiday and every third month until she began attending school in January 2006. 8. Kerri resides in a vacant motel with her mother, stepfather and four (4) half-brothers and sisters along with stepfather's mother, sister and niece. 9. In 2006 and 2007 Kerri was unable to enjoy custody with Defendants Keck and Lerew during the summer and at Christmas of those years, because Tina Gaines refused to permit Kerri to travel to Pennsylvania. 10. Defendants Keck and Lerew had a period of physical custody of Kerri from May 24, 2008 through July 26, 2008. 11. Defendant Lerew filed a Petition for Modification of Custody on July 3, 2008. 12. Plaintiff filed a Motion to Stay the Proceedings which was denied by Order dated August 6, 2008 and Preliminary Objections to Plaintiff s Complaint on July 31, 2008. 13. The Court by Order dated August 6, 2008 dismissed the Motion to Stay the Proceedings dated July 31, 2008. 14. The Plaintiff filed Amended Preliminary Objections on August 7, 2008. 15. Defendants Keck and Lerew filed an Amended Petition for Modification of Custody on August 7, 2008. 16. No Preliminary Objections have been filed to the Amended Petition. 17. A custody hearing has been set for December 17, 2008 at 1:30 p.m. 18. No custody action has been filed in any other jurisdiction by any party as of September 11, 2008. Date: /t 2008 Respectfully submitted, By: arc s A. McKnight, II, Esquire Irwin & McKnight 60 West Pomfret Street bksle, PA 17013 Attorney o Roderick Keck and Deborah Lerew Date-13 L 12 2008 B Q Y• 4a D'Alo, Esquire NlidJlenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff, Tina J. Gaines c? - ? n r . tr Tl { ` C -n i TINA J. GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW RODERICK KECK and NO. 1997-2143 DEBROARH LEREW, Defendants IN CUSTODY COURT ORDER AND NOW, this. i -?-- day of September, 2008, upon consideration of the attached Custody Conciliation Report and in reference to the Stipulation the parties have filed in the above case, it is ordered and directed as follows: 1. Counsel for the mother shall file with the Court and opposing counsel a Brief in support of the Preliminary Objections addressing the issue of jurisdiction/venue. This Brief shall be filed on or before September 26, 2008. 2. Counsel for the father and the paternal grandmother shall file a response Brief on or before October 3, 2008. 3. Based upon the Briefs that are filed along with the Stipulation, the Court will proceed with resolving the Preliminary Objections. In the event the Court determines that oral argument is necessary on this matter, counsel will be notified with respect to scheduling of oral argument. Additionally, in the event either party desires oral argument, they shall notify the Court in writing at the time their Brief is filed. 4. Pending further Order of this Court, the hearing scheduled in this case for December 17, 2008, at 1:30 p.m. shall remain as scheduled. Additionally, the existing Custody Orders in this case shall be modified as follows: cater cv C- C"> c . re N ujo EE:LLJ a_ ~.J W C!7 Lij -Y:Y a- 1 J C*%j V A. Mother shall insure that the minor child has telephone contact with the father and/or paternal grandmother at least once a week with the day to be Sunday evening unless agreed otherwise by the parties. B. The mother shall also insure that the minor child has telephone contact with the father and/or paternal grandmother on the child's birthday which is September 28. BY THE COURT, J. esley Oler, Judge cc: ? arcus A. McKnight, III, Esquire / Grace E. D'Alo, Esquire cof I" rnt11qXL I ~ TINA J. GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RODERICK KECK and NO. 1997-2143 DEBROARH LEREW, Defendants IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This case is scheduled for a hearing before the Court in December. However, there were preliminary objections filed which essentially raised venue/jurisdiction arguments because the child resides in Georgia. The Conciliator conducted a second Custody Conciliation Conference and the parties were able to reach a Stipulation on various facts that may be relevant in connection with the venue/jurisdiction issue. That matter should be resolved prior to the hearing. 2. The Custody Conciliator recommends an Order in the form as attached. :it?li st 1 , 2008 Date 1rubert X. ilroy, Esquire Custody onciliator TINA J. (WINDEMAKER) GAINES, Plaintiff/Respondent V. RODERICK KECK and DEBORAH D. LEREW, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1997 - 2143 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND NOW, this 1 st day of October 2008, comes the Petitioners/Defendants, Deborah Lerew and Roderick Keck, by their attorneys, Irwin & McKnight, and presents the following Petition for Contempt. 1. The Petitioners are Deborah D. Lerew, an adult individual residing at 311 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17015, and Roderick A. Keck, an adult individual residing at 184 Darr Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Tina J. (Windemaker) Gaines, an adult individual residing at 2129 Highway 25 North, Millen, Georgia 30442. 3. The Petitioner, Roderick Keck, and the Respondent, Tina J. (Windemaker) Gaines, are the natural parents of one (1) minor child, namely Kerri C. Keck, born September 28, 1996. 4. The Petitioner, Deborah D. Lerew, is the fraternal grandmother of the minor child, Kerri C. Keck. 2 5. An Order of Court dated May 29, 2008, provides for reasonable telephone contact on a weekly basis when the child is in the other parent's custody. A copy of said Order of Court is attached hereto and marked as Exhibit "A", 6. An Order of Court dated September 19, 2008, provides the following: A. Mother shall insure that the minor child has telephone contact with the father and/or paternal grandmother at least once a week with the day to be Sunday evening unless agreed otherwise by the parties. B. The Mother shall also insure that the minor child has telephone contact with the father and/or paternal grandmother on the child's birthday which is September 28. A copy of said Order of Court dated September 19, 2008, is attached hereto and marked as Exhibit "B". 7. Since said minor child, Kern Keck, has returned to the custody of the Mother, the Respondent in this Petition, Kerri has not called her father on a weekly basis. 8. Since the Order of Court dated September 19, 2008, Petitioner, Deborah Lerew, has called her granddaughter, Kerri Keck, at the residence of the Respondent twice each Sunday evening on a weekly basis. The Respondent has failed to answer the telephone call or return the call to either the Father or the Grandmother. The Petitioner, Deborah Lerew, has also called said minor child twice on her birthday with no answer or response. 9. On September 30, 2008, the mother-in-law of the Respondent who lives with Tina Gaines, called the Petitioner, Deborah Lerew, and indicated that Kerri was not permitted to call the Petitioner and that the Respondent, Tina Gaines, had no intention of obeying the Court Order and permit Kerri to speak to her Father or Grandmother, the Petitioners. 10. The Petitioners request that the Respondent, Tina J. Gaines, be found in contempt by the Court and that the Petitioners be awarded the following: A. A civil fine paid to the Petitioners or the Court; and B. Payment of their reasonable legal fees in the amount of $500.00. 11. The counsel for the Petitioners has called Grace D'Alo and she does not concur with this Petition. WHEREFORE, Petitioners/Defendants, Deborah Lerew and Roderick Keck, respectfully seek to have the merits of this Petition heard at the Custody Hearing set for December 17, 2008 at 1:30 p.m. before the Honorable J. Wesley Oler, Jr. and the award of reasonable attorney fees paid by the Respondent in the amount of $500.00 as well as a civil fine. Respectfully Submitted: IRWIN & McKNIGHT By: Marcus Ar McKni& ,iII, Esquire Attorney for Petitioner/Defendant, 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: October 1, 2008 4 EXHIBIT "A" MAY $ 3 200&„r Y' TINA J. (WINDEMAKER) GAINES, IN "THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PFNNSYLVANIA v CIVIL ACTION - LAW RODERICK KECK, NO. 1997-2143 Defendant IN CUSTODY COURT ORDER AND NOW, this'?day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordere and directed as follows: 1. The mother, Tina J. Gaines, and the father, Roderick Keck, shall enjoy shared legal custody of Kerri C. Keck, born September 28, 1996. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary custody of the minor child as follows: A. From May 24 through Saturday, July 26`h for the upcoming summer; B. For the Christmas holiday, from December 26`h through the remainder of the holiday and to be returned the day before school is starting; and C. At such other times as the parties agree. 4. For transportation, father shall pick the child up on May 24`h. For the delivery of the child on July 26`h and for all exchanges of custody thereafter, custody shall be exchanged at the halfway point which is at Fancy Gap, Virginia, and shall be at 1:00 p.m. unless agreed otherwise between the parties. If mother believes she cannot provide an adequate vehicle for transportation on exchange of custody and if she sends the father a $100.00 money order in advance of the date of the day of the exchange, father shall handle transportation for exchange of custody. 5. Both parents shall enjoy reasonable telephone contact on at least a weekly basis when the child is in the other parent's custody. 6. In the event either party desires to modify this Order, that person may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc: Marcus A, McKnight, 111, Esquire Ms. Tina J. Gaines A-4 J, sley Oler, .Ir., Ju h- .r 71 :4 Axp, TINA J. (WINDEMAKER) GAINES, Plaintiff v RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1997-2143 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The Conciliator had scheduled a second telephone conference custody conciliation. The Mother did not answer her phone despite a letter sent to her. However, Father's counsel indicated that the Mother and Father have communicated and reached an agreement which is set forth in the attached proposed Order. Date: May 2008 Hubert X. Gilroy, Oquire Custody Conciliator EXHIBIT "B" TINA J. GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW RODERICK KECK and NO. 1997-2143 DEBROARH LEREW, Defendants IN CUSTODY COURT ORDER AND NOW, this day of September, 2008, upon consideration of the attached Custody Conciliation Report and in reference to the Stipulation the parties have filed in the above case, it is ordered and directed as follows: 1. Counsel for the mother shall file with the Court and opposing counsel a Brief in support of the Preliminary Objections addressing the issue of jurisdiction/venue. This Brief shall be filed on or before September 26, 2008. 2. Counsel for the father and the paternal grandmother shall file a response Brief on or before October 3, 2008. 3. Based upon the Briefs that are filed along with the Stipulation, the Court will proceed with resolving the Preliminary Objections. In the event the Court determines that oral argument is necessary on this matter, counsel will be notified with respect to scheduling of oral argument. Additionally, in the event either party desires oral argument, they shall notify the Court in writing at the time their Brief is filed. 4. Pending further Order of this Court, the hearing scheduled in this case for December 17, 2008, at 1:30 p.m. shall remain as scheduled. Additionally, the existing Custody Orders in this case shall be modified as follows: RECEIVED SEP 2 4 ZO IRWIN & *,KNIGH I_AW OFFI E A. Mother shall insure that the minor child has telephone contact with the father and/or paternal grandmother at least once a week with the day to be Sunday evening unless agreed otherwise by the parties. B. The mother shall also insure that the minor child has telephone contact with the father and/or paternal grandmother on the child's birthday which is September 28. BY THE COURT, ley Oler, Jr., 191e cc: Marcus A. McKnight, III, Esquire Grace E. D'Alo, Esquire ANC-L- I 7T TINA J. GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RODERICK KECK and NO. 1997-2143 DEBROARH LEREW, : Defendants IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This case is scheduled for a hearing before the Court in December. However, there were preliminary objections filed which essentially raised venue/jurisdiction arguments because the child resides in Georgia. The Conciliator conducted a second Custody Conciliation Conference and the parties were able to reach a Stipulation on various facts that may be relevant in connection with the venue/jurisdiction issue. That matter should be resolved prior to the hearing. . 2. The Custody Conciliator recommends an Order in the form as attached. C7, 8 Date:_A.ugdst k„ , 2008 Hubert X. Gilroy, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Contempt is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DEBORAH LEIWW- Date: /O -/ -.9r TINA J. (WINDEMAKER) GAINES, Plaintiff/Respondent V. RODERICK KECK and DEBORAH D. LEREW, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1997 - 2143 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Grace D'Alo, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Date: October 2, 2008 60 West P mfret Street Carlisle, P A,17013 (717) 249-2 Supreme Court I. 76 5 C:'S 3 OCT 0 3 ?008 &? i TINA J. (WINDEMAKER) GAINES, Plaintiff/Respondent V. RODERICK KECK and DEBORAH D. LEREW, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1997 - 2143 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of October, 2008, upon consideration of the attached Petition for Contempt, the merits of it will be considered by the Court at the Custody Hearing set for December 17, 2008, at 1:30 p.m. in Courtroom Number One, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. By: ? Marcus A. McKnight, III, Esq. Attorney for Defendant/Petitioner /Grace D'Alo, Esq., MidPenn Legal Services Attorney for Plaintiff/Respondent 1271 Es .mil LC ?7 TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 and NO. 05-1454 DEBORAH LEREW : Respondent : IN CUSTODY MOTION TO REFILE MOTION FOR ORAL ARGUMENT AND NOW, comes Plaintiff, by and through her attorneys, MidPenn Legal Services, and files this Motion in the above-captioned cases: 1. Plaintiff Tina J. Gaines has been represented in two custody actions concerning the same child, Kern Keck. 2. Counsel for Plaintiff mistakenly filed a Motion for Oral Argument under Docket Number 05-1454. The Motion should have been filed under Docket Number 1997-2143. 3. The Complaint filed under Docket Number -5-1454 was vacated. WHEREFORE, Plaintiff requests this Court to direct the Prothonotary to file Petitioner's Motion for Oral Argument and its attached Order filed under Docket No. 5-1454 to be filed at Docket No. 97-2143. Respectfully Submitted, Gra E. D'Alo Mid nn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 DEBORAH LEREW : Defendant : IN CUSTODY AFFIDAVIT OF SERVICE The undersigned certifies that a true and correct copy of the memorandum of law within was served this day by U. S. First Class Mail, postage pre-paid, upon the following: Marcus McKnight Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Hubert Gilroy Martson Law Offices 10 East High Street Carlisle, PA 17013 Date: (C-) ( l -7 (Oe?5 teennn Alo Legal Services 401 E. Louther Street Carlisle, PA 17013 TINA J. GAINES, VS. RODERICK KECK and DEBORAH LEREW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA NO. 05-1454 CIVIL ACTION LAW Defendants CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Motion, a hearing on the issue of standing is scheduled for oral argument on _, 2008, at _:_ _.m. in Courtroom 1, Fourth Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, J. Wesley J. Oler, Jr., Judge Distribution: Grace E. D'Alo, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Marcus McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 TINA J. GAINES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA vs. NO. 05-1454 CIVIL ACTION LAW RODERICK KECK and CUSTODY DEBORAH LEREW, Defendants MOTION FOR ORAL ARGUMENT Defendant, Tina J. Gaines, by and through her counsel, MidPenn Legal Services, states the following: 1. On September 19 ,2008, this Court Ordered counsel in this matter to submit briefs with respect to Plaintiff Gaines Preliminary Objections addressing the issues of jurisdiction and venue. 2. Plaintiff Gaines filed a brief on September 23, 2008. 3. Defendants filed a reply brief on October 3, 2008. 4. Plaintiff Gaines respectfully requests oral argument prior to any further action by this Court to resolve the questions of jurisdiction and venue. WHEREFORE, Plaintiff Gaines respectfully requests that this Court schedule this matter for a hearing on the issue of standing. 401 East Louther Street Carlisle, PA 17013 (717)243-9400 ectfully submitted, bra e E. D'Alo ? 'd enn Legal Services TINA J. GAINES, vs. RODERICK KECK and DEBORAH LEREW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA NO. 05-1454 CIVIL ACTION LAW CUSTODY Defendants CERTIFICATE OF SERVICE I, Grace E. D'Alo, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Tina Gaines, hereby certify that I have served a copy of the forgoing Motion for Oral Argument on the following date and in the manner indicated below: U.S. First Class Mail Marcus A. McKnight, III 60 West Pomfret Street Carlisle, PA 17013 Date: ) (o ?(??( r ` clcl"?- qace)?. D'Alo, Esquire Mi n Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 C13 ? l t 7-1 I, TINA J. GAINES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and DEBORAH LEREW, Defendants : NO. 1997-2143 CIVIL TERM ORDER OF COURT AND NOW, this 27'h day of October, 2008, upon consideration of Plaintiff's Motion for Oral Argument, and it being related to the court by Plaintiff's counsel that the parties intend to file a stipulation of facts upon which the court is to act, the motion for oral argument is granted and oral argument on the "Amended Preliminary Objections of Plaintiff to Defendant's Complaint for Custody" is scheduled for Wednesday, December 10, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. To the extent that briefs have not already been submitted to the court by the parties on the preliminary objections, they shall be submitted at least five days prior to the argument. IN THE EVENT that the parties are unable to agree upon and file a set of stipulated facts, they shall make an evidentiary record for purposes of disposition of the preliminary objections by deposition and file the deposition transcripts with the Prothonotary prior to the argument. BY THE COURT, ZGrace E. D'Alo, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff C_.-. J? esley Ole Jr., J. `c. Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Copl'£S ma 115zr-L I C-) OCT $ 0 2000 TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and : NO. 1997-2143 and NO. 05-1454 DEBORAH LEREW Respondent : IN CUSTODY ORDER AND NOW, this - 2A - .a day of October, 2008, it is hereby ordered that the Amended Motion for Oral Argument attached to Petitioner's Motion for Oral Argument and its attached Order filed at Docket Number 05-1454 shall be docketed at Docket No. 1997-2143. I I T 4,- - 90/.tr/,Ql 91 Z add L Z 130 BOOZ TINA J. (WINDEMAKER) GAINES, PlaintifVRespondent V. RODERICK KECK and DEBORAH D. LEREW, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1997 - 2143 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW PETITIONS FOR PRIMARY CUSTODY AND CONTEMPT TO THE PROTHONTOARY: Please withdraw the Petition for Contempt dated October 1, 2008, and the Amended Petition for Primary Custody filed August 7, 2008, on behalf of the Defendants, Roderick Keck and Deborah Lerew. Respectfully Submitted: IRWIN & McKNIGHT By: Marcy A. McKnig , I; Esi Atto y for Petitio r efendz 60 West Pomfret Str Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: December 5, 2008 -4 --• TINA J. (WINDEMAKER) GAINES, Plaintiff/Respondent V. RODERICK KECK and DEBORAH D. LEREW, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1997 - 2143 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Grace D'Alo, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marc s A. McKnigh , I, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 5, 2008 2 ca r rn t:` ;w e h T t -?-yca CrN 1 TINA J. GAINES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RODERICK KECK and DEBORAH LEREW, : Defendants : NO. 1997-2143 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of December, 2008, upon consideration of the attached letter from Marcus A. McKnight, IIl, Esq., attorney for Defendants, the oral argument previously scheduled in this matter for December 10, 2008, and the custody hearing previously scheduled for December 17, 2008, are cancelled. BY THE COURT, f Xace E. D'Alo, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 1 7013 Attorney for Plaintiff Xrcus McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants A J.`Wesley Olr., J. t, ' rtt i?) LAW OFFICES IRWIN & McKNI GHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 MARCUSA. McKNIGHT, III DOUGLAS G. MILLER (717) 249-2353 STEPHEN L. BLOOM FAX (717) 249-6354 MATTHEW A. McKNIGHT WWW.IRWINMCKNIGHT.COM December 5, 2008 VIA FACSIMILE TRANSMISSION AND REGULAR MAIL THE HONORABLE J. WESLEY OLER, JR. CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 RE: TINA J. GAINES v. RODERICK KECK and DEBORAH LEREW 1997-2143 Dear Judge Oler: HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003- ) This letter is to confirm the telephone message I left with your office yesterday. The parties have resolved the custody litigation on the following basis: 1. My clients, Roderick Keck, the father of the minor child, and Deborah Lerew will not pursue their request for primary physical custody of the minor child, Kerri C. Keck. 2. The Plaintiff, Tina J. Gaines, will not litigate her opposition to the custody hearing regarding the primary custody of the daughter, Kerri C. Keck. Therefore, both the Oral Argument set for Wednesday, December 10, 2008, at 9:30 a.m. as well as the custody hearing set for December 17, 2008 at 1:30 p.m. may be cancelled by the Court. The parties will sign a stipulation providing for the ongoing periods of physical custody of Kerri Keck of the father and grandmother in Pennsylvania during the summer months and during Christmas vacation each year. You would then be able to enter the stipulation as an Order of Court. Thank you for your consideration. Very truly yours, IRWIN cKNIG Marcus McKnight, III Cb MAM:min cc: Grace D'Alo, Esq. Ms. Deborah Lerew Mr. Roderick Keck 0 TINA .I. (WINDEMAKER) GAINES IN THE COURT OF COMMON PLEAS OF P1.;~rNTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 1997-2143 CIVIL ACTION LAW RODF.RICK KECK AND DEBORAH D. LEREW IN CUSTODY DFFF:NDANT ORDER OF COURT AND NOVV, Friday, July 02, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at_ ___ _ 4th_Floor ,Cumberland County Courthouse, Carlisle on Friday, August 13, 2010 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. (-~ailure to appear at the conference may provide grounds for e~ntrv 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/ Hubert X. Gtlro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans wit11 Disabihtes 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 he made at least 7? hours prior to any hearing or business before the court. You must attend. the scheduled conference or hearing. "" ~~ N _._, YOU SI~OULD TAKE THIS PAPER TO YOUR. ATTORNEY AT ONCE. iF YOLCVO I~T FIAVE; AN A"T°1'ORNCY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF~,E S~{ ~_.,., FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. nor-' c= ~`'. t ;~ 7, a . ~ ~ /! _~. (~~•(J ~~ ,Cumberland County Bar Association ~~ ~ _ tv ; `t.~ l•~ "/~",,_~7 .~,f ~.~ 32 South Bedford Street ~`~ ~~. ~ ; '_. ~, "e' j(' " Carlisle, Pennsylvania 17013 ,~.t-~ '~`~" v c_~ c.~ ' Telephone (717) 249-3166 ~, ~. ~ 1 O /l) a-h ems. t~.~ l~~ -a-a ~ x- Rf~ ~,'Iroys -file, 0 • l ao~o ~~r ro J~i~J~ 3~.3~ .~fJfil,.3 IJ di .;i TINA J. (WINDEMAKER) GAINES, Plaintiff v. CIVIL ACTION -LAW RODERICK KECK and 1997 - 2143 CIVIL TERM DEBORAH D. LEREW, , Defendants IN CUSTODY AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO 1920 4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: ANIA NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the defendant in the captioned action in custody action. 2. That a copy of the Custody Complaint was served upon the plaintiff, Tina J. (Windemaker) Gaines, on August 6, 2010, by certified delivery mail, addressed to her at 1736 McAlhany Road, Branchville, South Carolina 29432, with Return Receipt Number 7007 2680 0003 0345 1932. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penaltie 18 Pa. C~Section 4904, relating to unsworn falsification to authorities. ~, Date: August 10, 2010 IN THE COURT OF CUMBERLAND CO Attorney for Defendants III, ESQUIRE On this, the 10th of August 2010, before me, the undersigned officer, personally appeared Marcus A. McKnight, III, Esq., known to me to be the person wh name 's subscribed to the above instrument and acknowledge that he executed same for et~n~ roos tha2ein ntai d_ _ GOMMONWEALTH ©F PENN8YLVANIA Mablrwl ~s61 - McNthrt L. NOW, Notrry PUbIiC N CeAisle WfC, Cumberland County My Commle~on Sept 18, 2011 Member; !tl ifl i y~ ,-dn nestic Mail Ont D"' ~ ROD m Postage $ 0 Certrfied Fee m C] Retum Receipt Fee a (Endorsement Required) ~ Restricted DeNvery Fee Q (Endorsement Required) „p Total Postage & Fees RJ Sent o r` IBS TINA J (WIND ~ NES Street, Apt. No.; ~ or PD box No. 1736 IBC AT:AAI~1Y '~ ~ ~ ~ - - - - ---- --------------------- ---tr©--i?ir--- ---------°--- City, State, Z/P+~ atAEtSYI11.E SC 29432 ^p~a~f`i.~pM~MspN~w!yrM~1,~2/, anted 8,. ANo~ oomphbs ~piY~~T~l~JL1~~Y~R~/ /v'w~v17 ~ . Yft, lr fl~11~ and tiddlt;lli ,fin ~ rWarBs YAl ..Ar ~~ ~yn~ ~y ~~j ~ ~. ~~ 4lOY~lJr~, Qf On ~ apaCta FflR11~E. 1. AeUds to: 11i ~ J (iili~~) GAMES 17 ED SC 29432 •n~n~filfTitii:7F a o ° UNI n > t~ p ~~ Od ~ rn ~ ~ _ ~ ~ Q ~ ~ m v ere `~ 0 N rD N J~~~ ~ s~~' n .Z roRl~ r. D. Is tl~Mvery atidts~s dlfNerd flan stn 1? ^ ltia H YES, ceder Y address bNow: ~ No 8. Strrvloe Type IEI Ot~d 1MN D E~reM MfaN D A.aw.d p A.e~,t R.o.i~t for M.relr.rrdis. ^ krNRad MaM ~ C.O.D. 4. RsMrictsd OeYwry? (F tha fw1 ~ Nls 2' ~~"~'ar 7007 2b6tJ.--:0~3 03.4:5 193.2 ..__ ... PS:Fann 3811, tow owrr~ae 1wn 11...Mr~ ,aQaae~ga~,e~w -~ Auc ~ s Zara TINA J. (WINDEMAKER) GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA rv p vs. CIVIL ACTION -LAW ~ ~ p -, ,` -~ RODERICK KECK and NO. 1997-2143 ~°_ DEBORAH D. LEREW, ~ --~ ~ Defendants IN CUSTODY -- - .. ~ COURT ORDER, NOW, this ~ ~ day of August, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in the above case in Courtroom No. 1 of the Cumberland County± Courthouse on the a~~ day of ~,~,rP~l~2/,~~~ , 2010, at / / ~ ~. m. At this hearing the Paternal Grandmother, Deborah D. Lerew, shall be~the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they don't have counsel, shall file with Court and the opposing party/counsel a Memorandum setting forth the history of custody in this case, the issues currently before this Court, and a summary of each party's position on these issues. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of May 29, 2008, shall remain in effect subject to the following modifications: A. The Paternal Grandmother, Deborah D. Lerew, shall have a period of temporary physical custody with the minor child, Kerri C. Keck, exercised in South Carolina starting on Friday, August 20, 2010, at 6:00 p.m. and extending to Sunday, August 22, 2010, at 6:00 p.m. The Paternal Grandmother shall travel to South Carolina and may exercise custody at the time as specified. The Mother, Tina J. Gaines, is hereby directed to provide custody of the minor child, Kerri C. Keck, to the Paternal Grandmother at this time as specified in this Order. r 3. In the event the Mother retains legal counsel, that attorney may contact the Custody Conciliator to schedule another custody conciliation to see if an agreement can be reached rather than litigating the case at the hearing that is scheduled above. J. cc: ~cus A. McKnight, III, Esquire / Ms. Tina J. Gaines IFS /r1,e`Ll g ~?//~ ~/'' 1 BY THE COURT, ~ , TINA J. (WINDEMAKER) GAINES, Plaintiff vs. RODERICK KECK and DEBORAH D. LEREW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 1997-2143 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PRQCEDURE 1915.3-8(b), 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: Kerri C. Keck, born September 28, 1996 2. A Conciliation Conference was held on August 13, 2010, with the following individuals in attendance: the paternal grandmother, Deborah D. Lerew, with her counsel Marcus A. McKnight,III, Esquire. 3. The background on this case is that the Paternal Grandmother has always been involved. She was a party on the original docket which was opened in 1997, and she has been the one seeing the child pursuant to the existing Order which provided the Father, Roderick Keck, with periods of temporary custody. The Father was not at the conference because he was working. 4. The Mother, Tina J. Gaines, was served with notice of the conference and did not attend. Attorney McKnight, who represents the Paternal Grandmother, filed an Affidavit of Service indicating service of the Complaint and notice of the hearing. 5. An Order was entered in May of 2008 that provided the Father, which resulted with the Paternal Grandmother, having custody for a period of time in the summer of 2008. That Order was generally followed again in 2009. However, the Mother relocated from Georgia to South Carolina in 2010 and did not provide either the Father or the Paternal Grandmother with any information. Paternal Grandmother suggests that the Mother simply went off the radar screen, her cell phone was disconnected and that the Paternal Grandmother had to contact law enforcement officials in the South to try to track the Mother and the child down. 6. The Paternal Grandmother produced a letter from the child suggesting that she misses her Grandmother and her Father and that she would like to see them. 7. A hearing needs to be scheduled to address a permanent Order in this case. However, the Paternal Grandmother would like to get some custody pending the hearing and has requested a reasonable weekend which she will exercise in South Carolina. On that basis, the Conciliator recommends an Order in the form as attached. Date: August , 2010 Hubert X. Gilroy, Esquire Custody Conciliator TINA J. (WINDEMAKER): IN THE COURT OF COMMON PLEAS OF GAINES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff C-) C= -° V. CIVIL ACTION - LAW -OZ © r -r .Z n C:> RODERICK KECK and rn a DEBORAH D. LEREW, ?? ° °c, Defendants NO. 97-2143 CIVIL TERM Z 3C: is ?n IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 29th day of November, 2010, upon consideration of the Petition for Modification of Custody filed on behalf of Defendant Deborah D. Lerew, with respect to her paternal granddaughter, Kerri C. Keck (d.o.b. September 28, 1996), and following a hearing at which Petitioner appeared with counsel and presented evidence in support of the petition, and at which neither of the natural parents appeared to oppose the petition, the Order of Court dated May 29, 2008, and the Order of Court dated August 16, 2010, are modified to include the following: 1. Petitioner shall have partial physical custody of the child during Christmas vacation from December 18, 2010, at 6:00 p.m. to January 2, 2011, at 6:00 p.m., and for comparable Christmas periods in the succeeding years; 2. Petitioner shall have partial physical custody of the child each summer for the first full week of the months of June, July and August; 3. Petitioner shall be permitted to have telephonic communications with the child at least once each week; 4. Responsibility for transportation with respect to exchanges of custody provided for herein shall be that of Petitioner; and 5. Evidence having been presented to the court that the natural mother refused to comply with the custodial terms of an order issued by this court on August 16, 2010, the parties are advised that such violations are sanctionable, upon motion, in accordance with the contempt powers of the court. BY THE COURT, ?Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Petitioner Deborah D. Lerew Ms. Tina J. (Windemaker) Gaines 1736 McAlhany Road Branchville, SC 29432 Natural Mother of Kerri C. Keck oderick Keck 184 Darr Avenue Carlisle, PA 17013 Natural Father of Kerri C. Keck COpI E.S ,.Q LLSL Wesley Oler, J. TINA J. (WINDEMAKER) GAINES, Plaintiff v . RODERICK KECK and . DEBORAH D. LEREW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1997-2143 CIVIL TERM IN CUSTODY IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 25th day of November, 2010, upon consideration of the Petition for Modification of Custody filed on behalf of Deborah D. Lerew, Paternal Grandmother of Kerri C. Keck (Date of birth, September 28, 1996), and following a hearing, at which the Petitioner appeared with counsel and presented evidence in support of the petition, and at which neither of the natural parents appeared, the record is declared closed, and the matter is taken under advisement. By the Court, arcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Defendants ina J. (Windemaker) Gaines 1736 McAlhany Road Branchville, SC 29432 Plaintiff :mae Copfesr ,'yUtLsr'C o ? c?ri? i ?a r? c) =° ZO Lf7 rr^ F 1 L 4y;-G,FF F "; 6 Fri - 1{ l-- 41 OM & Nul ULAKIS Kara W. Haggerty. Esquire Attorney 1. D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 TINA J. (WINDEMAKER) GAINES, Plaintiff V. RODERICK KECK and DEBORAH D. LEREW Defendants ,; w Get F u. 4 Z) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 97-2143 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: PETITION FOR CIVIL CONTEMPT AND MOTION TO MODIFY GUSTO Y AND NOW, this 9th day of February, 2011, comes the Petitioner, Deborah D. Lerew, by and through her counsel, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition for Contempt and Motion to Modify Custody and in support thereof avers the following: 1 Petitioner is Deborah D. Lerew, who was a Defendant in the above captioned action between the parties. 2. Respondents are Tina J. (Windemaker) Gaines, who was the Plaintiff in the above action, and Roderick Keck, who was a Defendant in the above action. Neither $70.00 po ATtY 0, If 01V6 eC2541881 Respondent was represented in the prior actions. 3. Petitioner is the Paternal Grandmother of Kerri C. Keck, born September 28, 1996. 4. Respondents are the natural parents of Kerri C. Keck, born September 28, 1996. 5. On or about November 29, 2010, This Honorable Court entered a Court Order pursuant to a Petition for Modification of Custody. (A true and correct copy of the Order of Court is attached hereto as Exhibit A.) a. The Order of Court states that Petitioner, Paternal Grandmother, shall have partial physical custody of the child during Christmas vacation from December 18, 2010, at 6:00 p.m. to January 2, 2011, at 6:00 p.m. b. The Order of Court provides additional periods of partial physical custody with Paternal Grandmother during each summer. c. The Order of Court provides that Paternal Grandmother shall have telephonic contact with the minor child on a weekly basis. COUNT I: PETITION FOR CONTEMPT 6. Paragraphs one (1) through five (5) are incorporated herein by reference as though set forth in full. 7. The last telephone contact between Petitioner and the minor child was in May 2010, in direct violation of This Court's Order. 8. It is believed and therefore averred that telephone contact was terminated at a time that Mother was relocating with the child from Georgia to South Carolina. 9. This Court addressed the issue of telephone contact as well as partial physical custody in a Court Order pursuant to a Motion to Modify Custody filed by Paternal Grandmother. 10. Despite This Court's Order of November 29, 2010, Respondent/Mother has failed to make the child available for telephone contact at all. 11. A Conciliation Conference was held on the previous Motion to Modify Custody on August 13, 2010, at which time Paternal Grandmother was awarded a weekend of custody, to be exercised in South Carolina, at the end of August 2010. i. Paternal Grandmother traveled to South Carolina on said weekend and was denied custody of the minor child by Respondent/Mother. 12. Petitioner was denied her court-ordered Christmas custody in 2010 by Respondent/Mother, and was therefore unable to see the minor child. 13. It is believed and therefore averred that Respondent/Mother is and has been willfully violating This Court's Order of November 29, 2010 by denying all contact between Petitioner and the minor child, and Mother is in contempt of court. 14. Respondent's breach of the terms of This Court Order of November 29, 2010 is the sole reason Petitioner had to file this Petition for Contempt and Enforcement. 15. Petitioner has incurred attorney's fees and costs in connection with the preparation and pursuit of this Petition and Respondent should be held responsible for said costs. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order finding Respondent in Contempt of Court and directing Respondent to immediately comply with This Honorable Court's Order, and pay Petitioner's counsel fees and costs. MOTION TO MODIFY CUSTODY 16. Paragraphs one (1) through fifteen (15) are incorporated herein by reference as though set forth in full. 17. Due to Respondent/Mother's willful failure to abide by This Honorable Court's Order providing Petitioner partial physical custody of the minor child, it is believed and therefore averred that the best interest of the minor child would be served by providing Petitioner primary physical custody of the child. 18. It is evident that Respondent/Mother has no intention of encouraging and promoting contact between Petitioner and the minor child despite a history of contact between them. 19. It is believed and therefore averred that Respondent/Mother has willfully disobeyed every aspect of This Honorable Court's Order creating a substantial change in circumstances that warrants a change in custody. 20. It is believed and therefore averred that it is in the minor child's best interest to be in the primary physical custody of Petitioner/Paternal Grandmother as she is able to provide a stable home environment and would encourage a relationship between the minor child and her entire family. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order finding Respondent in Contempt of Court, directing Respondent/Mother to pay Petitioner's counsel fees and costs, and modifying the prior Order of Court to provide Petitioner ,with primary physical custody of the minor child. Respectfully submitted, AaOM & KUTULA"s, L.L.P. Kara W. Haggerty, Es Muir Attorney LD No.: 869 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner VERIFICATION I, DEBORAH D. LEREW, verify that the statements made in this PETITION FOR CIVIL CONTEMPT and MOTION TO MODIFY CUSTODY 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.S. §4904 relating to unsworn falsification to authorities. Date DEBORAH D. LEREW TINA J. (WINDEMAKER): IN THE COURT OF COMMON PLEAS OF GAINES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff c Q V. CIVIL ACTION - LAWS a -r C-D M RODERICK KECK and ?A w 6o DEBORAH D. LEREW, <o ° °o Defendants NO. 97-2143 CIVIL TERM zo - 3 D FS CDnl IN RE: PETITION FOR MODIFICATION OF CUSTODY' ORDER OF COURT AND NOW, this 29`x' day of November, 2010, upon consideration of the Petition for Modification of Custody filed on behalf of Defendant Deborah D. Lerew, with respect to her paternal granddaughter, Kerri C. Keck (d.o.b. September 28, 1996), and following a hearing at which Petitioner appeared with counsel and presented evidence in support of the petition, and at which neither of the natural parents appeared to oppose the petition, the Order of Court dated May 29, 2008, and the Order of Court dated August 16, 2010, are modified to include the following: 1. Petitioner shall have partial physical custody of the child during Christmas vacation from December 18, 2010, at 6:00 p.m. to January 2, 2011, at 6:00 p.m., and for comparable Christmas periods in the succeeding years; 2. Petitioner shall have partial physical custody of the child each summer for the first full week of the months of June, July and August; 3. Petitioner shall be permitted to have telephonic communications with the child at least once each week; EXHIBIT 4. Responsibility for transportation with respect to exchanges of custody provided for herein shall be that of Petitioner; and 5. Evidence having been presented to the court that the natural mother refused to comply with the custodial terms of an order issued by this court on August 16, 2010, the parties are advised that such violations are sanctionable, upon motion, in accordance with the contempt powers of the court. BY THE COURT, ,,- 'Marcus A. McKnight, III Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Petitioner Deborah D. Lerew -"?Ms. Tina J. (Windemaker) Gaines 1736 McAlhany Road Branchville, SC 29432 Natural Mother of Kerri C. Keck /Roderick Keck 184 Darr Avenue Carlisle, PA 17013 Natural Father of Kerri C. Keck ?O I ES ??'??. C ? . I t?a o/ ?t> `TrY1 I l / f Wesley Oler, Jr J. Y TINA J. (WINDEMAKER) GAINES, Plaintiff v RODERICK KECK and DEBORAH D. LEREW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1997-2143 CIVIL TERM IN CUSTODY IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 25th day of November, 2010, upon consideration of the Petition for Modification of Custody filed on behalf of Deborah D. Lerew, Paternal Grandmother of Kerri C. Keck (Date of birth, September 28, 1996), and following a hearing, at which the Petitioner appeared with counsel and presented evidence in support of the petition, and at which neither of the natural parents appeared, the record is declared closed, and the matter is taken under advisement. By the Court, arcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Defendants ina J. (Windemaker) Gaines 1736 McAlhany Road Branchville, SC 29432 Plaintiff mae ??fs1ro "=al J. s ey Oler Jr., J. o ? a ?m ° a M m- . =? r c-? -ern -<> Co r CD ° =-I o a -n o c? x sv D i TINA J. (WINDEMAKER) GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW RODERICK KECK and NO. 1997-2143 DEBORAH D. LEREW, Defendants IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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: Kerri C. Keck, born September 28, 1995 2. A Conciliation Conference was held on August 13, 2010, with the following individuals in attendance: the paternal grandmother, Deborah D. Lerew, with her counsel Marcus A. McKnight,III, Esquire. 3. The background on this case is that the Paternal Grandmother has always been involved. She was a party on the original docket which was opened in 1997, and she has been the one seeing the child pursuant to the existing Order which provided the Father, Roderick Keck, with periods of temporary custody. The Father was not at the conference because he was working. 4. The Mother, Tina J. Gaines, was served with notice of the conference and did not attend. Attorney McKnight, who represents the Paternal Grandmother, filed an Affidavit of Service indicating service of the Complaint and notice of the hearing. Y 5. An Order was entered in May of 2008 that provided the Father, which resulted with the Paternal Grandmother, having custody for a period of time in the summer of 2008. That Order was generally followed again in 2009. However, the Mother relocated from Georgia to South Carolina in 2010 and did not provide either the Father or the Paternal Grandmother with any information. Paternal Grandmother suggests that the Mother simply went off the radar screen, her cell phone was disconnected and that the Paternal Grandmother had to contact law enforcement officials in the South to try to track the Mother and the child down. 6. The Paternal Grandmother produced a letter from the child suggesting that she misses her Grandmother and her Father and that she would like to see them. 7. A hearing needs to be scheduled to address a permanent Order in this case. However, the Paternal Grandmother would like to get some custody pending the hearing and has requested a reasonable weekend which she will exercise in South Carolina. On that basis, the Conciliator recommends an Order in the form as attached. Date: August , 2010 Hubert X. Gilroy, Esquire Custody Conciliator CERTIFICATE OF SE-M F AND NOW, this 9th day of February, 2011, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT and MOTION TO MODIFY CUSTODY upon the following, by Certified Mail and US Mail, addressed as follows: Ms. Tina J. (Windemaker) Gaines 1736 McAlhany Road Branchville, SC 29432 Natural Mother of Kerri C. Keck Roderick Keck P.O. Box 204 Carlisle, PA 17013 Natural Father of Kerri C. Keck ABom & KUTULA"S, L.L.P. Kara W. Haggerty, Esq Attorney I.D No.: 8 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner TINA J. (WINDEMAKER) GAINES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI A 1997-2143 CIVIL ACTION LAW M r- RODERICK KECK AND DEBORAH D. LEREW IN CUSTODY = -v -, = DEFENDANT -' ORDER OF COURT AND NOW, _ Monday, Februar y 14, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 25, 2011 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Gilroy, Est Custody Conciliator r 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. iy-out /) O Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ?. Telephone (717) 249-3166 TINA J. (WINDEMAKER) GAINES, Plaintiff V. RODERICK KECK and DEBORAH D. LEREW Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 97-2143 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Please withdraw my appearance on behalf of the Defendant, Deborah D captioned matter. DATE 1('` 2v it Respectfully submitted, G!I' 0 C) 7 r? )j -M ;a cry r ? . ?, `. .. cry -iCD ?. - r -Q :Lr -" rD -n ' N r r; Lerew, in- e ?gbver?:a Marcut A. McKxv? t plI., E Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney ID# ;7 Sq 7& Please enter my appearance on behalf of the Defendant, Deborah D. Larew, in the above- captioned matter. DATE GI' Respectfully submitted, ABom & KUTnAms, LL P. i Kara W. Haggerty, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 86914 M1 ABOM cSZ' ICuTULAKis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 TINA J. (WINDEMAKER) GAINES, Plaintiff V. RODERICK KECK and DEBORAH D. LEREW Defendants a I i FED 18 AN 10- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 97-2143 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggeryt, Esquire, hereby certify that I did serve a true and correct copy of the Petition for Contempt and Modification, upon the Plaintiff, Tina J. (Windemaker) Gaines, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on Tina J. (Windemaker) Gaines, at Branchville, South Carolina, addressed as follows: Tina J. (Windemaker) Gaines 1736 McAlhamy Road Branchville, South Carolina 29432 Return-card acknowledging receipt on February 12, 2011, is attached as Exhibit "A". ABom & KUTuLAKrs, L.L,P. v? rG? Date: t I Kara W. Haggerty, Es Attorney I.D. No.: 86 e 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Defendant r br ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ( Zi'?V)' tie //3z- A. Signature 0 Agent G a Addressee B. Received by (Printed Name) C. Pate gf Delivvy D. Is del my address dnNent from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Se ,4ce Type E_Certrfied Mail 0 Express Mail 0 Registered 0 Return Receipt for merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes `? 2' rArticle mns gyom m` service laben (rranafer Iro 7010 0290 0000 6471 5305 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ,gBOM cSZ' KUTLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 TINA J. (WINDEMAKER) GAINES, Plaintiff V. RODERICK KECK and DEBORAH D. LEREW Defendants I i r'1 . ! f F # FEB 23 PM 2:2"" -J 11 (J U, 17ENNSY LVAPI;!. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 97-2143 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Petition for Contempt and Modification, upon the Defendant, Roderick Keck, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on Roderick Keck at Carlisle, Pennsylvania, addressed as follows: Roderick Keck P.O. Box 204 Carlisle, PA 17015 Return card acknowledging receipt on February 12, 2011, is attached as Exhibit "A". ABOM & KUTumjus, L.L.P. Date: Kara W. Haggerty, Es Attorney I.D. No.: 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Defendant ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front If space permits. ?Airrtiqje Add ess9d to: Q1 pMC *.- _0 d- 3iF ?e,? k ?'0.C3o??Y A. $19 store /J X (/ /' ? Agent ? Addressee B9 Recgived W (Prfnt@d Name) C. Date of DeNwry car ecll, D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Type LN ce Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Delivery? (Etft Fee) ? Yes 2. Article Numbw 7010 0290 0000 6471 5299 ( WUftr hom ser"be bw PS Form 3811, February 2004 Domestic Return Receipt 102595-02-rrt•1540 EXHIBIT `A" TINA J. (WINDEMAKER) GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW p"`1 RODERICK KECK and NO. 1997-2143 -u 3 -_ p.? cry DEBORAH D. LEREW, ! Defendants IN CUSTODY , c h Prior Judge: The Honorable J. Wesley Oler, Jr. r COURT ORDER_ AND NOW, this day of May, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The paternal grandmother, Deborah D. Lerew, shall have custody of the minor child, Kerri C. Keck, born September 28, 1996, from May 28, 2011 at noon until August 15, 2011, at noon. The paternal grandmother shall be responsible for providing transportation for the minor child from South Carolina to Pennsylvania. 2. This Order may be enforced by appropriate law enforcement authorities as provided by law. BY THE COURT, Ll/ cc: Kara Haggerty, Esquire Ms. Tina J. Gaines Mr. Roderick Keck Cod mo?'e`i TINA J. (WINDEMAKER) GAINES, Plaintiff vs. RODERICK KECK and DEBORAH D. LEREW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1997-2143 : IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Court held a hearing in this case in November of 2010. This is a situation where the paternal grandmother is seeking periods of custody with her granddaughter. At the hearing, the grandmother attended but neither the father or the mother attended the hearing. The Court then entered an Order dated November 29, 2010, specifying that the grandmother would have partial physical custody of the minor child for two weeks over Christmas and also have telephone communication with the minor child. 2. The grandmother then took the order to South Carolina where the mother is residing with the child. She was unable to get custody of the child. The mother is not cooperating at all with the grandmother and has not provided grandmother with custody or any type of telephone communication with the child. 3. The Conciliator believes that the paternal grandmother should be given some period of temporary custody over the upcoming summer pursuant to an Order of Court. Armed with that Order, the grandmother could attempt to obtain counsel in South Carolina to record that Order as a reciprocal Order in South Carolina and attempt to have it enforced. It is clear that something needs to be done to get the grandmother some visitation as the mother is simply not cooperating and is ignoring the prior Orders of Court issued by this Court. 4. The Conciliator recommends an Order in the form as attached. Date: May , 2011 Hubert X. Gilroy, E? Custody Conciliator L r 13 SEP 2 7)r�P 1: 13 fi L CUMBER! ft M-W COUNTY t'! PENNSYLVANIA TINA J. GAINES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law : No. 1997-2143 Civil RODERICK KECK and DEBORAH D. LEREW Defendants : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Deborah D. Lerew, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. The Petitioner, Deborah D. Lerew, is an adult individual residing at 311 Fairview Street, Carlisle, Pennsylvania 17015 and is the paternal grandmother of the minor child, Kerri Keck, born September 28, 1996. 2. The Respondent, Roderick Keck, is an adult individual residing at 311 Fairview Street, Carlisle, Pennsylvania 17015 and is the father of Kerri Keck. 3. The Respondent, Tina J. Gaines, is an adult individual residing at 1736 McAlhany Road, Branchville, South Carolina 29432 and is the mother of Kerri Keck. si iiyG /6/77s6/2/ 4. On May 29, 2008 the Honorable Judge J. Wesley Oler, Jr., entered a Custody Order in regards to this matter. On August 16, 2010,November 29, 2010 and May 4 2011, the Honorable Judge J. Wesley Oler, Jr. entered Orders modifying the May 29, 2008 Order of Court. (see attached exhibits) 5. Child has been residing with the Petitioner since April 18, 2013 and Petitioner has undertaken and been performing the primary parental responsibilities for the child. 6. Due to Petitioner's in loco parentis status, Petitioner desires to have shared legal custody and primary physical custody of the child subject to periods of partial physical custody with mother and father as agreed upon by the parties. 7. The best interests and permanent welfare of the child would be served by the Court modifying the Order as requested by the Petitioner. 8. The Criminal Record/Abuse History Verification form required pursuant to Pa.C.R.P. No. 1915.3-2 is attached to this Petition. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant her request for shared legal custody and primary physical custody of the child. Respectfully submitted, Date: 1-a 7- /Lf LA_4 Michael J. Whare, squire 37 East Pomfret Street Carlisle, PA 17013 717-243-3561 Supreme Ct. Id No. 89028 Attorney for Petitioner TINA J. GAINES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law : No. 1997-2143 Civil RODERICK KECK and • DEBORAH D. LEREW Defendants : IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: .�?�0z1.3 / �/!��'//1�1i,%14k. Deborah D. Lerew, Petiti• er • MAY 2SZ - TINA J. (WINDEMAKER)GAINES. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA v : CIVIL ACTION - LAW RODERICK KECK, : NO. 1997-2143 Defendant : IN CUSTODY COURT ORDER AND NOW, this 02941%-day of y , 2008, upon consideration of the attached Custody Conciliation Report, it is orderedand directed as follows: 1. The mother,Tina J. Gaines,and the father, Roderick Keck,shall enjoy shared legal custody of Kerri C. Keck, born September 28, 1996. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary custody of the minor child as follows: A. From May 24 through Saturday,July 26th for the upcoming summer; B. For the Christmas holiday, from December 26`h through the remainder of the holiday and to be returned the day before school is starting; and C. At such other times as the parties agree. 4. For transportation, father shall pick the child up on May 24`h. For the delivery of the child on July 26`h and for all exchanges of custody thereafter, custody shall be exchanged at the halfway point which is at Fancy Gap, Virginia, and shall be at 1:00 p.m. unless agreed otherwise between the parties. If mother believes she cannot provide an adequate vehicle for transportation on exchange of custody and if she sends the father a $100.00 money order in advance of the date of the day of the exchange, father shall handle transportation for exchange of custody. 5. Both parents shall enjoy reasonable telephone contact on at least a weekly basis when the child is in the other parent's custody. 6. In the event either party desires to modify this Order, that person may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT. • M/ LJiAA Oler. Jr., Ju cc: Marcus A, McKnight, III, Esquire Ms. Tina J. Gaines s:' ° :ire , . .. 3 6 4 k." 11‘■‘); `►jq " TINA J. (WINDEMAKER) GAINES, : IN THE COURT OF COMMON PLEAS' Y 3 2010 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW RODERICK KECK and : NO. 1997-2143 DEBORAH D. LEREW, Defendants : IN CUSTODY COURT ORDER NOW, this /L 4 day of August, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in the above case in Courtroom No. 1 of the Cumberland County Courthouse on the c4-1-‘. day of M F_rn , 2010, at 9:3 6 {,l:.m. At this hearing the Paternal Grandmother,Deborah D.Lerew, shall be the moving party and shall proceed initially with testimony. Counsel for the parties,or the parties themselves if they don't have counsel,shall file with Court and the opposing party/counsel a Memorandum setting forth the history of custody in this case, the issues currently before this Court, and a summary of each party's position on these issues. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court,this Court's prior Order of May 29, 2008, shall remain in effect subject to the following modifications: A. The Paternal Grandmother, Deborah D. Lerew, shall have a period of temporary physical custody with the minor child, Kern C. Keck, exercised in South Carolina starting on Friday, August 20, 2010, at 6:00 p.m. and extending to Sunday, August 22, 2010, at 6:00 p.m. The Paternal Grandmother shall travel to South Carolina and may exercise custody at the time as specified. The Mother,Tina J. Gaines, is hereby directed to provide custody of the minor child, Kerri C. Keck, to the Paternal Grandmother at this time as specified in this Order. �h1 , - "s 3. In the event the Mother retains legal counsel, that attorney may contact the Custody Conciliator to schedule another custody conciliation to see if an agreement can be reached rather than litigating the case at the hearing that is scheduled above. BY THE COURT, Oj /Wesley Oler, J . Judge cc: Marcus A. McKnight, III, Esquire Ms. Tina J. Gaines RECEIVED AUG 9 2010 IRWIN&Mc NiG- OFFICE:, TRUE COPY FROM RECORD In Testimony whereof,I here unto set my`hand and the seal of said This..1. taftf �isie, o d � ______,..40-,,e.cizeizg,/.498-- TINA J. (WINDEMAKER): IN THE COURT OF COMMON PLEAS OF GAINES, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION—LAW RODERICK KECK and : DEBORAH D. LEREW, : Defendants : NO. 97-2143 CIVIL TERM IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 29th day of November, 2010, upon consideration of the Petition for Modification of Custody filed on behalf of Defendant Deborah D. Lerew, with respect 'to her paternal granddaughter, Kerri C. Keck (d.o.b. September 28, 1996), and following a hearing at which Petitioner appeared with counsel and presented evidence in support of the petition, and at which neither of the natural parents appeared to oppose the petition, the Order of Court dated May 29, 2008, and the Order of Court dated August 16, 2010, are modified to include the following: 1. Petitioner shall have partial physical custody of the child during Christmas vacation from December 18, 2010, at 6:00 p.m. to January 2, 2011, at 6:00 p.m., and for comparable Christmas periods in the succeeding years; 2. Petitioner shall have partial physical custody of the child each summer for the first full week of the months of June, July and August; 3. Petitioner shall be permitted to have telephonic communications with the child at least once each week; ACEIVEZ 0 WsAWN G41Cw1i�9lj; t :` Or .S c it 4. Responsibility for transportation with respect to exchanges of custody provided for herein shall be that of Petitioner; and 5. Evidence having been presented to the court that the natural mother refused to comply with the custodial terms of an order issued by this court on August 16, 2010, the parties are advised that such violations are sanctionable, upon motion, in accordance with the contempt powers of the court. BY THE COURT, tG ,� Wesley Oler, Jr. J. M., us A. McKnight, III, Esq. 6 'West Pomfret Street arlisle, PA 17013 Attorney for Petitioner Deborah D. Lerew Ms. Tina J. (Windemaker) Gaines 1736 McAlhany Road Branchville, SC 29432 Natural Mother of Kerri C. Keck Roderick Keck 184 Dan Avenue Carlisle, PA 17013 Natural Father of Kerri C. Keck TRUE COPY FROM RECORD In Testimony whereof,I he unto set my hand and the That SOPA of said .1d � Gat Gads l.22.... y y ae � 2 o/t � • '.--------&2*-e--2 IZC/2/10. 24- ,/ • / TINA J. (WINDEMAKER) GAINES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW RODERICK KECK and : NO. 1997-2143 DEBORAH D. LEREW, . Defendants : IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. COURT ORDER AND NOW,this .0 day of May,2011,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The paternal grandmother,Deborah D.Lerew, shall have custody of the minor child, Kerri C. Keck, born September 28, 1996, from May 28, 2011 at noon until August 15, 2011, at noon. The paternal grandmother shall be responsible for providing transportation for the minor child from South Carolina to Pennsylvania. 2. This Order may be enforced by appropriate law enforcement authorities as provided by law. BY THE COURT, /s' J. L,Oelto� Cam ,( J. Wesley Oler, Jr., Judge cc: Kara Haggerty, Esquire Ms. Tina J. Gaines Mr. Roderick Keck TRUE COPY FROM RECORD In Testimony whereof,l here unto set my hand and the seal of said at Carlisle,Pa. LL--of 4 Prothonotary i&t.‘.L , 4 " b , i TINA J. GAINES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Y,-� v. : Civil Action- Law r ro a=' : No. 1997-2143 Civil "� "`'a RODERICK KECK and DEBORAH D. LEREW • � ' Defendants : IN CUSTODY y`_ - • CRIMINAL RECORD /ABUSE HISTORY VERIFICATION I, Deborah D. Lerew, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges El 18 Pa.C.S. Ch. 25 ❑ El (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 • ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual • assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) Cl 18 Pa.C.S. §3130 ❑ Cl (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ ❑ (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. § 6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children& Youth ❑ ❑ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: NIA 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. r'1 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: • I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. l/ -214, Signature c(soorall Le4-,eel Printed Name TINA J. GAINES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. c� 1997-2143 CIVIL ACTION LAW v rnW EQ -" RODERICK KECK AND DEBORAH D. r'^a rT117- LEREW IN CUSTODY ; DEFENDANT • <CD -c P C)c) -;1-; ORDER OF COURT OD - AND NOW, Friday,October 04,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy, Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,November 01,2013 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: Is/ Hubert X. Gilroy, Esq.j j 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. M` Cumberland County Bar Association t£..S Mat 32 South Bedford Street • 1M Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .uSS 2. I /44,141.6.146.t -�j F7. lir 1. TINA J. (WINDEMAKER) GAINES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW RODERICK KECK and : NO. 1997-2143 DEBORAH D. LEREW, Defendants : IN CUSTODY COURT ORDER AND NOW, this gWu day of November, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior custody orders entered in the above matter are vacated and replaced with the following Order: 1. The paternal grandmother, Deborah D. Lerew, shall enjoy sole legal and primary physical custody of Kerri C. Keck, born September 28, 1996. 2. The father, Roderick Keck, and the mother, Tina J. Gaines, shall enjoy periods of partial physical custody with the minor child at such times and under such circumstances as agreed upon by the parties. 3. In the event either party desires to modify this Order, that party may petition the Court to have the case again referred to the Custody Conciliator for a Conference. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, (r66 . ca Judge rr,W �` �--, cc: Iv Michael J. Whare, Esquire `o�r- 00 C v Ms. Tina J. Gaines r-� ` V Mr. Roderick Keck z —. 7- c? ; ietA TINA J. (WINDEMAKER) GAINES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW RODERICK KECK and : NO. 1997-2143 DEBORAH D. LEREW, Defendants : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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: Kerri Keck, born September 28, 1996. 2. A Conciliation Conference was held on November 1, 2013, with the following individuals in attendance: The paternal grandmother, Deborah D. Lerew, with her counsel , Michael Whare, Esquire, neither the mother or the father attended, but attorney Whare verified that they were served via certified mail with notice of the hearing. 3. The grandmother relates that the child is in her custody and has been in her custody for the past six months or so. The mother has very little contact with the child and the father has sporadic contact. 4. The Conciliator recommends an Order in the form as attached. Date: November S , 2013 ubert . Gilroy, Esquire Custo Conciliator