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HomeMy WebLinkAbout03-1285HEATHER M. KELLER, MARK A. KELLER, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. O 3 - / ,,2 ~' £" CWIL TERM · IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaimiff is Heather Keller, who currently resides at 36 1 Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Mark Keller, who currently resides at 214 York Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks primary physical and joint legal custody of the following child: NAME ADDRESS DOB Rece Cordell Keller 36 I. Street 5/16/00 Carlisle, Pa. 17013 The child was bom in wedlock· The child is in the custody of: Mother. During the past five years, the children have resided with the following persons and at the following addresses: NAME Heather Keller and Mark Keller ADDRESSES 36 I. Street Carlisle, Pa. 17013 DATES birth - present. The mother of the child is: Heather Keller, currently residing at: 36 I. Street, Carlisle, Pa. She is married to Mark Keller. The father of the child is: Mark Keller, currently residing at: 214 York Road, Carlisle, Pa. He is married to Heather Keller. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides alone. 5. The relationship of defendant to the child is that of Father. The persons that the defendant currently resides with are: his sister. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding conceming the child pending in a court of this Commonwealth. Plaintiff does not know of 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 children will be served by granting the relief requested because: Mother has been the primary_ caretaker of the child since birth and can provide a stable and loving home; Father currently lives with his sister and Mother has concems regarding Father's ability to supervise and care for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE; Plaintiff requests the court to grant custody of the children. Date: Respectfully submitted, ~.e~~squir~e(~~''~ 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. Heather Keller, Plaintiff HEATHER M. KELLER, Vo MARK a. KELLER, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM · IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ) q'~daY of March, 2003, by and between HEATHER M. KELLER, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and MARK A. KELLER, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child; namely, Rece Cordell Keller, date of birth, May 16, 2000; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their son, Rece Cordell Keller. Legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents Shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. partial Custody Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial custody of the Child as follows: A. Father shall have only supervised liberal visitation with the child as the parties may mutually agree beginning on the date of this agreement. Mother or Father's sister may supervise Father's visits with the child. Mother and Father may mutually agree on other suitable parties to Supervise the visits. 4. Transportation and Exchange The transportation shall be shared by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. The child is to be transported only when Mother or Father's sister is present. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. In the event that any party is more than thirty (30) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the children, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the children. 5. Onaoin§ Relationship Neither party shall attempt to undermine the mutual love and affe(~tion that the child may have for the other parent and neither parent shall, in the present of the child, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. I_llness of the Child Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involving in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Children to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. _Binding Effect and Modification of Order This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal rePresentatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governina Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement_ The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11..Entire Aareement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: HEATHER M. KELLER, Plaintiff COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY On this, the }['~day of -"~v~O---~C~ , 2003, before me, the undersigned officer, personally appeared HEATHER M. KELLER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~a~Public -- ~z ~,,,,,,,~lun ex Ires' SEAL A. KELE'I~R: ~ndant ) COMMONWEALTH OF PENNSYLV,~ ):SS COUNTY OF CUMBERLAND ) On this, the t( ~ offi [ '~ day of ~(:}L~~ 2003 ~ ' cer, personally ap[~ear--,~ ~,~^,-,,., ^ ~.,- ..... , . , Demre me, the undersigned to be the person whose name is subscribed to the within instrument, and acknowledged ,~ r-~- -~,u ,v,~'~r~r~/~. I~ELLI-t,(, Known to me, (or satisfactorily proven) that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~yO caorYmPr~i:ion expires' SEAL ' HEATHER M. KELLER PLAINTIFF MARK A. KELLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03=1285 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 03, 2003 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_ac~queline M. Verney, Es__Lq~_, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 06, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 'Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE CO'URT, By: /s/ _[acqueline M. Verney, 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 APR / zOO3 HEATHER M. KELLER, Plaintiff Ve MARK A. KELLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1285 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 17th day of April, 2003, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FORTHECOURT, cqt~ine M. Vemey, Esquire, Cusl6~y Conciliator I'IA~ 2 ? ZOO3 HEATHER M. KELLER, MARK A. KELLER, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 0~ · IN CUSTODY ORDER AND NOW, this ~' day of ~/~,~ 2003, having reviewed the agreement between the parties dated March 14, 2003, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. o.5-0 g-o'S HEATHER M. KELLER, MARK A. KELLER, Plaintiff ' IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA 'NO. Defendant · IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this of March, 2003, by and between HEATHER M. KELLER, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and MARK A. KELLER, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child; namely, Rece Cordell Keller, date of birth, May 16, 2000; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their son, Rece Cordell Keller. Legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away frem the custodial parent for a certain period of time. Father shall have partial custody of the Child as follows: A. Father shall have only supervised liberal visitation with the child as the parties may mutually agree beginning on the date of this agreement. Mother or Father's sister may supervise Father's visits with the child. Mother and Father may mutually agree on other suitable parties to Supervise the visits. 4. Transportation and Exchange. The transportation shall be shared by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. The child is to be transported only when Mother or Father's sister is present. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. In the event that any party is more than thirty (30) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the children, the other party may assume that the parent who is late has chosen not to exemise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the children. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's eduCation and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involving in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Children to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governin.q Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. EnfOrcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: HEATHER M. KELLER, Plaintiff - )J - Wit~h-~ s s --- COMMONWEALTH OF PENNSYLVANIA ) ):SS cou. On this, the}C{ day of , 2003,before me, the undersigned officer, personally appeared HEATHER M. KELLER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '"--I~a~Publicj//' commission expires: S~L MAR~'A. KEL~I~Ri-D-eYendant [~W/~s ~,-/'"/~ '~ COMMONWEALTH OF PENNSYLVANIa) ):SS COUNTY OF CUMBERLAND ) On h ~ (:3b~ ' t is, the [(-~ day of ~ (~, 2003, before me, the undersigned officer, personally appeared MARK A. KELLER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 13/Public- ~_~,_L. ~' i J 13atalei~,'o,C~Ca~l~_. I -'---~y commission ,expires: ~~____E~, ~,~ J SEAL