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Home My WebLink About01-0879 FX WILLIAM L. KEISTER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-879 CIVIL TERM LISA M. KEISTER, Defendant . : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of , 2002, upon consideration of the attached PETITION TO MODIFY CUSTODY, it is hereby directed that the parties and their respective counsel appear before , the conciliator,at on the day of ,2002, at _M, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 :!-<,-,"_,~- l - '7" >,,~. ~,:" < - .- . . ,- ~ "\ I~ I ~y,r r. '-, I ." ". . .~ . " v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- r;;7? WILLIAM L. KEISTER, PLAINTIFF LISA M. KEISTER, DEFENDANT CNIL ACTION - CUSTODY ORnRR OF COTJRT AND NOW, ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the Conciliator, at the Fourth Floor Conference Room, Cumberland County Courthouse, Carlisle, Pennsylvania, on the day of ,2001, at .m., for a Pre-Hearing Custody Conference. At ~ch 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 shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent Order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 - 1 - i:'.,>,d_ ,_ L' ," ! -x;,.'",,",, "". ,~~,,' ,>'0< ., ',' ,,-__,_~, <'_" ,;1_ , ~ ,_, '" -1 WILLIAM T. SMIlH ATTORNEY AT LAw 3747 Derry Street Harrisburg, PA 17111 (717) 561.2677 FAX (717) 561.2682 January 16, 2003 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: KEISTER v. KEISTER Custody 01-879 Dear Sir/Madam: Please find enclosed an original and three copies of a Withdrawal of Appearance regarding the Plaintiff, William Keister. Please file the original of record, time-stamp and return a copy to the undersigned in the enclosed, self-addressed stamped envelope. Sin.cereIY,. ~' .,~_..... "-~"-\.<:::'. William T. Smith ( ~'A:"f ",J}1' ~ "- x::' \,. WTS/xx Ene. cc: William Keister Hon. Judge Hess Timothy Colgan, Esq. C:IMYFILES2001IClientslKei_lct hess.wpd "\ J 'f\ \~J. i) Ii L lv' "1":7'- \6'" ?I ;\ " ') ,yo }J..C~ t e\ )" M.! .lt~ ".., " ,." ]""1 ~ . "; - " . .4, WILLIAM L. KEISTER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-879 LISA M. KEISTER, Defendant. CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITRDRA W APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, William L. Keister, in the above-referenced matter which is scheduled for Hearing on February 28, 2003 at 1:30 pm. I am withdrawing my appearance on the request of the Plaintiff. C@:~ ~, William T. Smith, Esquire ID# 06887 3747 Derry Street Harrisburg, P A 17111 (717) 561-2677 Dated: ,,\..l.~:::, ,-;-"'._,~ -'~", I " P ^.~, . . rl I ~" ; . , . CERTIFICATE OF SERVICE I, William T. Smith, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, by depositing the same First Class, postage prepaid, with United States Postal Service, addressed as follows: Timothy J. Colgan, Esquire Wiley Group 1 S. Baltimore Street DiIlsburg, PA 17019 Date: \~ 20-~:::> (~) ~ Q William T. Smith Attorney 1.0. # 06887 3747 Deny Street Harrisburg, P A 17111 (717) 561-2677 Attorney for Plaintiff C:IMYFILES20011AA FormslCivil SuilslACerlServ.wpd ''fI" --"< FI " WILLIAM L. KEISTER PLAINTIFF V. LISA M. KEISTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-879 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 19th day of Fehruary, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliat at 39 West Main Street, Mechanicsburg, PA 17055 on the IdayofMarch ,2001, at 3:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Dawn S. Sunday. E* Custody Conciliato The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'F"':,. ~'"I~'" ' pi ,','iii:~;,;~~i1l'ItE',;;,ltWr!.k?','k1ilil'"j':P.'h::!:~~f,i~>ii~..mi'l",~.J:N1;U'1-;o~i,"~'e. .',",..,c ,;,-,.;,,,c"",","'"':'''~,,.j,"',i,.~~>lt',"\lM!?lojhii,.lI!!;UjjjLD'''' "'"'.^'" '- - " ,,-'''~,'', C).d)!.tJ/ 2 - ;;(-eJI , do "')f- 0/ . .~ J:J" ,~_"""~~~~* ~ _..>--~ !ill "'-::~,:TAF:Y ,'.' ,)l ? \ :?:= n! r~'l r' " ',; :i'~ i :: " r'\"'1j (' IT V v'.....n")"::,,~T~L; ,,\l.) l.....;\.,)..)l\! I 1':>F:I\I!\!S\{'j \/1'" If A ~M ~ ,I,) L. ,j \" w- t~ #1~ -$4~~ ~~~ -F'd~~ !tYQ M~ IF 47 ~~ .. ._",_ >1..;'-", <'A.',.', ~ _, ,~, '.~, " >" ~ ~_ .~. ~,,,. . ..~ ... ,. . v. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 01- 879 C;;.u "/u- WILLIAM L. KEISTER, PLAINTIFF LISA M. KEISTER DEFENDANT CIVIL ACTION - CUSTODY COMPT,ATNT FOR CTTSTOnV 1. Plaintiff is WILLIAM L. KEISTER residing at 1947 Zarker St. Harrisburg., Dauphin County, Pennsylvania. 2. Defendant is Lisa M. Keister, residing at 1469 Kittatining Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Pre~Ant Rf>:~ic1p,nc,f'; .Age Garret William Keister 4 months 4. The child was not born out of wedlock. The child is presently in the custody of Lisa M. Keister S. Plaintiff has been advised ofthe requirement to attend the Seminar for Separating Parents and of the Program Description set forth in Local Rule 1930. 6. During the past five (5) years, the child has resided with the following persons and at the ~~!_"-:O- _ -' , I ~". =,___,___~._k ',', , ~.. - I -I,~_" "' "-" . ,'~ following addresses: pp.r~on~ AddreRReR Dates William L. Keister Lisa M. Keister 9 Redwood Court Camp Hill, P A 10/10100 to 1/3/01 Lisa M. Keister 1052 Country Club Rd. Camp Hill, P A 1/3/01 to 1/26/01 Lisa M. Keister 1469 Kittatining Road Mechanicsburg, P A 1/26/01 to present 7. The mother of the child is Lisa M. Keister. She is married to the father of the child, Garret W. Keister. 8. The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with the following persons: Name Rebtiomhip Grace Keister Grandmother 9. The relationship of Defendant to the child is that of natural mother. Defendant currently resides with the following persons: Name RelMiomhip unknown 10. 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 concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. ~L.~.". e. _ _~ [-.om_ . .,,>! ,,-, .,_, , - . ~ - ~., I ~ ~. _ Cii . '1\- 11. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff is a fit parent. B. Placing custody with Plaintiff will provide continuity, stability and certainty to the child's life and is seen by the child as a source of affection and care. C. Plaintiff s work schedule provides for greater opportunity to provide care for the child without resorting to day care or babysitting service. D. Plaintiff is better able to facilitate and promote the temporary custody rights of defendant. 12. 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 this Court to grant legal and physical custody ofthe child to Plaintiff, William L. Keister. Respectfully submitted, _.~ <;:, ~ Date: Feb IJ ,2001 By: Mark S. Fenice, Esquire J.D. # 21358 2917 North Front Street Harrisburg, P A 1711 0-1223 (717) 234-2401 Attorney for Plaintiff ;:"f'.y.,, . -"-I '. -, I, i. .~,"~ ,r""',_ ,~. .~,. _'. ,~';-r'_ lnl.. ~~"""_; ~"', 'f~ ,,- ."r'__ I ' - VERIFICATION I, William L. Keister, verifY that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Date: ~e*t- -4.k€,~r:.- William L. Keister !i,J:,~,,>,. "'I" ,-""!",-,,,,,,,,,,--~_ N, "'" .. , _0' '". "01~1 ,','-"', 4 c: : .<yr;\fiY I;' \)1 I' f',"?, ~; ~-'i 1 j'/: 1..' j ,~. .!, CUi"" ~2t~'~:i\':~~J- ij _\ /,::'~'~,.;~'~!r'[(Y .'- f.".,'J-\J\:'h 'de:: ,,') 7 J. j c, fi'X ItH ! Soo ]l-/i >-,{) 50 J- , Ck-:# i ;I"lt~ f IV) j(-Ij 10 -; sf;? ;:;;n;' '-'--'- I I . i\ I ~ , " . . ~ " ~ i : ~ , j,' ? il'; iii '" e i- :" , ~ . ~ I I ~ , . WILLIAM L. KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-879 CNIL ACTION LAW LISA M. KEISTER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this q. day of No~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 14, 2001 is vacated and replaced with this Order. 2. The parties shall engage in a course of counseling for a minimum of six months with a professional selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient cooperation and communication to enable them to effectively co- parent their Child. Each party shall follow any recommendations of the counselor with respect to separate coUnseling to address individual issues. After engaging in counseling for the six month period, the parties shall follow the recommendations of the counselor with respect to the duration and frequency of ongoing counseling. Each party shall be responsible for his or her own costs of counseling which are not reimbursed by insurance coverage. The parties shall select and contact the counselor within 15 days of the date of this Order to schedule the first counseling session. 3. The Father, William L. Keister, and the Mother, Lisa M. Keister, shall have shared legal custody of Garret William Keister, born October 10, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child including medical and school records. 4. The Mother shall have primary physical custody of the Child. 5. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 4:45 p.m. through Sunday at 7:00 p.m., beginning November 9, 2001. During weeks following the Father's weekend periods of custody, the Father shall also have custody from Tuesday at 4:45 p.m. through Thursday morning before work. During weeks following the Mother's weekend period of custody, the Father shall have custody from Tuesday at 4:45 p.m. through Wednesday at 7:30 p.m. %. - -" "1 ,. " ~ 11 I 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. THANKSGIVING: The Thanksgiving holiday shall run from the Wednesday before Thanksgiving after work through Sunday at 7:00 p.m. The Mother shall have custody of the Child over the Thanksgiving holiday in odd numbered years and the Father shall have custody in even numbered years. In the event the Mother's period of Thanksgiving custody falls on the Father's regular weekend period of custody, the Father shall have a make-up period of custody on the following weekend. Unless otherwise agreed between the parties, there shall be no make-up weekend period of custody for the Mother in the event the Father's Thanksgiving holiday period of custody falls on the Mother's regular weekend. C. EASTER: The Easter holiday shall run from the Thursday before Easter after work through Easter Sunday at 7:00 p.m. The Father shall have custody of the Child over the Easter holiday in even numbered years and the Mother shall have custody of the Child over the Easter holiday in odd numbered years. In the event either party's regular weekend period of custody is superseded by the holiday period of custody, that party shall be entitled to a make-up period of weekend custody on the immediately following weekend. D. MEMORIAL DAY/JULY 4TH/LABOR DAY: The periods of holiday custody on Memorial Day, July 4th and Labor Day shall run from 9:00 a.m. until 7:00 p.m. In even numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on July 4th. In odd numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on July 4th. E. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m.. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each party shall be entitled to have custody of the Child for two non-consecutive weeks each summer upon providing notice in writing to the other party by March 1 of each year. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule vacation periods of custody to include his or her regular weekend period of custody. As at the time of this Order, the Mother has already scheduled a period of summer custody for 2002 which may interfere with the Father's weekend period, the Father shall be entitled to a make- up weekend period of custody immediately following the Mother's vacation in 2002. H\-. 1,1' 1 8. With the exception of exchanges of custody at daycare in the morning, all exchanges of custody shall take place at the Weis Market in Camp Hill unless otherwise agreed in writing between the parties. 9. The Father shall consult with the Mother prior to administering any medication to the Child, including both over the counter medications and prescriptions. 10. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. II. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. BY THE COURT, cc: Mark S. Fenice, Esquire - Counsel for Father Timothy J. Colgan, Esquire - Counsel for Mother J. ~~ it" I 1'1 . . ~,_,_.~ I" ,". . I I WILLIAM L. KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-879 CNIL ACTION LAW LISA M. KEISTER, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Garret William Keister October 10, 2000 MotherlFather 2. A Conciliation Conference was held on October 31,2001, with the following individuals in attendance: The Father, William L. Keister, with his counsel, Mark S. Fenice, Esquire, and the Mother, Lisa M. Keister, with her counsel,. Timothy J. Colgan, Esquire. 3. The parties agreed to entry of an Order' e form as attached. f..J~./7 S ;)c;c)j I Date Dawn S. Sunday, Esquire Custody Conciliator ,.,.1 ~~ r . WILLIAM 1. KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-879 CIVIL ACTION LAW LISA M. KEISTER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this t2.~ day of ~U/L) , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room # '-f , of the Cumberland County Court A LZ!. ~ ! -' ~o /0,0, House on the C). 7-uJ day of ,;/UAAlA d/1Aj- , 2003;at which tImll testImony will be taken. For purposes of this Hearing, the Father, William 1. Keister, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated November 9, 2001 shall continue in effect. 3. In the event the Mother initiates a supplemental custody evaluation from Arnold Shienvold, PhD., the Father shall cooperate in participating in all sessions in a timely manner. The Mother shall be responsible for all costs ofthe updated evaluation. BY THE COURT, cc~lliam T. Smith, Esquire - Counsel for Father 7 ~ op~ r-. \ /l"imothy J. Colgan, Esquire - Counsel for Mother L-.--{f)a.i1A...d.. RX3 U.O.26~OA.. /J.;J J. :-'.:"J"'I'F ~ r"" ,"" ,-1 ,~f.li!iMig_..tf*jU.i1!!&l~i,"....j'''"!tlri:fu.tr''~l.ilklk.IMij.~ii';''~''''''J"f,,',"''''0.; "':.~; <L>Jhk'",' "",,'0~f!jl!J!ofllil'!l!l:M" <-0>0<"'''',-- ,,"~ ,,'- ~Jl!Iliiti.!~~i~_lI OF HUJ). O::~FICF ~ ,v,....., ,n" ;;)"f' \flY :'i,__:":"',,_),\... illl . 0,2 OCT 24 fOfi 3: 51.. ,. . CUMGE.i1iJ.\,ND COUNTY PENNSYLVANIA " ~ -. 'r 1 .. r . 4 WILLIAM L. KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-879 CNIL ACTION LAW LISA M. KEISTER, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Garret William Keister October 10, 2000 MotherlFather 2. A Conciliation Conference was held on October 10, 2002, with the following individuals in attendance: The Father, William L. Keister, with his counsel, William T. Smith, Esquire, and the Mother, Lisa M. Keister, with her counsel, Timothy J. Colgan, Esquire. 3. The Father previously filed a Petition for Modification seeking an increase in his periods of custody with the Child. At a prior Conference the parties agreed to attempt to resolve their dispute through counseling. To their credit, the parties did follow through with their efforts to resolve the custody matter through long-term counseling. However, the parties are still unable to agree on a mutually acceptable custody arrangement and it will be necessary to schedule a Hearing. As the parties previously had obtained a custody evaluation from Arnold Shienvold, PhD., the Mother intends to obtain updated supplemental recommendations from Dr. Shienvold at her expense as the Father did not agree to jointly obtain the update. 4. The Father's position on custody is as follows: The Father believes he should be able to spend more time with the Child and proposed that his custodial weekends be extended to include Thursday through Monday and that there be 2 overnight periods of custody during 'each week. The Father stated that the Mother has started her own business and, as she is working in the evenings, she is not spending that time with the Child. The Father denied that his request for additional overnights with the Child is motivated by a desire to decrease his child support obligation. The Father opposed the Mother's suggestion that the parties obtain supplemental, updated recommendations from Dr. Shienvold, who had previously performed a full evaluation. iW I""'~~P"~ -"-'ll r ~ 1 5. The Mother's position on custody is as follows: The Mother does not believe it would be in the Child's interest to spend additional time with the Father. According to the Mother, the Child exhibits disturbing behavior after periods of custody with the Father, such as the Child telling the Mother that he hates her. The Mother pointed out that she previously agreed to a more extended partial custody schedule for the Father than was recommended by Dr. Shienvold after the evaluation and she does not believe there has been any change in circumstances meriting further expansion of the Father's custodial periods. The Mother believes the Father's request for additional overnights is motivated by his desire to minimize his child support obligation. The Mother indicated her intent to obtain updated recommendations from Dr. Shienvold and indicated that she would pay the expenses for the supplemental evaluation. The Mother denied that she has been unavailable to provide care for the Child due to her new business. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter. It is expected that the Hearing will require at least one-half day. The Mother's counsel requests that the hearing be scheduled in February 2003 as Dr. Shienvold's updated recommendations will not be available until the end of January. Date () r Iv hv, t (Pc /)eX);:)- Da12~~ Custody Conciliator O~ITlJ","~" II . I' . WILLIAM L. KEISTER, Plaintiff vs. LISA M. KEISTER, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-0879 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER I 'I' day of February, 2003, at the request of counsel, hearing in the above captioned matter set for February 27, 2003, is continued to Monday, May 19, 2003, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Paul Esposito, Esquire For the Plaintiff Timothy J. Colgan, Esquire For the Defendant :rlm <~ "'r-"'" ,-, >,_~".-," .,-" -, ~ ,P,', BY THE COURT, ~ ~ ,}.dU;3 9-. .,", \ WILLIAM L. KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-879 CIVIL TERM : LISA M. KEISTER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NaM, this 1"/" consideration of the attached and directed as follows: z,ol!ll day of rI? ~If. ~ , ~, upon Custody Conciliation Report, it is ordered 1. The parties shall submit themselves and their Child to a custody evaluation to be performed by Deborah Salem or Arnold shienvold, whichever office is !lOst available and can project the earliest date for completion of the evaluation_ The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Child. All costs of the evaluation shall be shared equally between the parties. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information concerning either the parties or the Child. The parties shall select the evaluator and contact the evaluator's office by Friday, March 16, 2001 in order to schedule each party's first session. 2. The Mother, Lisa M. Keister, and the Father, William L. Keister, shall have shared legal custody of Garret William Keister, born october 10, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Pending further Order of Court or agreement of the parties, and without prejudice to either party's position on custody following the custody evaluation, the parties shall have custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday after daycare through Sunday at 6:00 p.m., beginning March 16, 2001. In addition, the Father shall have custody every week from Tuesday after daycare through Thursday morning before daycare. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. C. The parties shall share having custody of the Child on Easter Sunday in 2001, with the specific times to be arranged by agreement of the parties. Hi!'. I" ", ',"""'- , 11 r< D. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for all exchanges of custody under this Order. E. The Father shall consult with the Mother prior to administering any medication to the Child, including both over-the-counter medications and prescriptions. 4. within two months after receiving the evaluator's written recommendations, in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator to schedule an additional custody Conciliation Conference. 5. consent. control. The parties may modify the prov1s1ons of this Order by mutual In the absence of mutual consent, the terms of this Order shall BY THE COURT, 7 4;[ J. cc: Mark S. Fenice, Esquire - COunsel for Father Timothy J. Colgan, Esquire - Counsel for Mother . 6' V 1\' . 'Y \ ,\e- O ~* .\{ P' ~ ". ,'f_l, ". o. 1"_1 ".' ,. \ WILLIAM L. KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-879 CIVIL TERM : LISA M. KEISTER, Defendant : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CDlCILIATlOO SUMMARY REPORT IN ACCORDANCE WITH ClJllBERLAND COONTY RULE OF crvn. PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUISTODY OF Garret William Keister October 10, 2000 Mother/Father 2. A Conciliation Conference was held on March I, 2001, with the following individuals in attendance: The Father, william L Keister, with his counsel, Mark S. Fenice, Esquire, and the Mother, Lisa M. Keister, with her counsel, Timothy J. Colgan, Esquire. Additionally, telephone conferences were held on March 6 and March 7, 2001, with counsel for both parties participating in order to finalize additional issues which were not initially resolved at the Conference. 3. The parties agreed to entry of an order providing for the parties to obtain a custody evaluation. As there is no custody order currently in effect, a Temporary ~der is necessary pending agreement of the parties or further ~der of Court after the custody evaluation is completed. Since the beginning of February 2001, the Father has regularly been having custody of the Child on alternating weekends from Friday after daycare through Monday morning before daycare and during every week from Tuesday after daycare through Thursday morning before daycare. Prior to February 2001, the Father's periods of weekday custody did not include the overnight period and the alternating weekend ended on Sunday. Both parties expressed concerns that they may be prejudiced by the temporary arrangrnents pending the resolution after completion of the custody evaluation. The Mother proposed that the temporary custody schedule should adopt the arrangements prior tCil February and the Father proposed that the parties continue to follow the arrangements in place since the beginning of February on an interim basis. Based on the concerns expressed by the parties and the arguments advanced by counsel for each party, the Conciliator recommends a temporary custody schedule in the form ~."., t - " , r as attached. The recommended schedule is based on the following: (1) The Mother's concerns regarding the Father's ability to properly care for the Child (adamantly denied by the Father) to the extent the Father's perioCls of custoCly are limited to 2 consecutive overnights, (2) The Father's general concerns, and (3) The fact that eliminating the overnight perioCls of custoCly when the Child is sleeping as requested by the Mother would not actually address the Mother's specific concerns regarding care. 1\B the recormnended arrangements do not adopt either of the parties' proposals, it is expected that one or both parties may file a petition pertaining to interim custoCy arrangements with the Court. 4. The Conciliator recommends an Order in the form as attached. Allk/ ~ d(ltJi JDate Dawn S. Sunday, Esqui CustoCly Conciliator :",.,-F--M ~ ,. - ~- , 1'1 "';, " PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM L. KEISTER V. 01-879 CIVIL ACTION LAW LISA M. KEISTER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, February 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbnrg, PA 17055 on Wednesday, February 27,2002 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 *"a,JJ!:f-,W, 1 .I-~ ;:ll~.t;'>.d"!M'!<~:fJ<~',;gl,,-,'';J"-~~',,,',,,-,dM-,,;,:\,,i",;;~'''''', " "i-'" ""_~\",~",-,;o."'___'_"w_-'_"""~c'_~,L_"Hlli"f,>;",,,"~i[""A!li1tIIi&i.B,~'~'-1il"",",,~~~~"~;&l; - -~- "'liImi~~'-~ -~- "~--1,~ ";[ ,:.""",\',,[oy . '1\'\) r\\l .1"'" 'I' I" ~,n 02 rED --J n'fj 1. ~l~ ""'U'i"V r'l \iJ:-~~=i:.'.. ;,,0,1\10 t)J 1-";11 VV"PE~ii~SY\:h\N!f\ ~~.C;? w.~, ~h,~~~~ d-S'C~ ~ ~ ?; ~ ;;J0 z'O> ~ /n~ -d/ 4~"'? -~~ ~ , . WILLIAM L. KEISTER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-879 CIVIL TERM LISA M. KEISTER, Defendant . : CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is William 1. Keister, an adult individual who resides at 3768 Derry Street, Harrisburg, Dauphin County, Peunsylvania. 2. Defendant is Lisa M. Keister, an adult individual who resides at 4169 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. On November 9, 2001, after a conciliation conference with Dawn Sunday, Esquire, the Honorable Kevin A. Hess entered a Custody Order regarding the child Garrett Keister born October 10, 2000. 4. Petitioner is requesting the Custody Order be modified as follows: a. During the weeks following Mother's weekend period of custody, Petitioner requests custody from Tuesday at 4:45 p.m. until Thursday Morning drop off at daycare. b. Petitioner requests his weekend period of custody be from Friday at 4:45 p.m. until Monday Morning drop off at daycare. c. Petitioner requests that when he is picking up the child to exercise his period of custody, that he be permitted to pick the child up from daycare. d. Petitioner is requesting that he be permitted one half or five (5) weeks during the summer. e. Petitioner is requesting that the third party with whom Mother is living with undergo a custody evaluation. 5. The best interests and permanent welfare of the child will be served by the Court in modifying said Order as above stated. ~~~ " 00- - r. 1-, '(",' ~, -'[ ,_', .~ _, . - 11 ,"-:<''i . '-r' , . WHEREFORE, Petitioner requests your Honorable Court to modify the current Custody Order as stated above. Respectfully submitted, /1-8/0 ( Dat ( ~r;-bL N~~ t?r~t1/ . stin M. Sweigard, Esquire J 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Petitioner . I~ ,-, , >. ,,, , . VERIFICATION I verify that the statements made in the foregoing Petition to Modify Custody are true and correct. I understand that false statements made herein are subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. j-;;} 8--0~ Date ~~~. d:>~. !~~ g).(!2J}/d .~ I I I ~ 2 ~ . ( " ! " it , , ~~ ~ ~ ~- FLE[}"O~."F~CE OF TCE ~ r\,TARY 0" 'Al' "R 111,1 q'I:,," ! ..,b;;~ l. "'"" f1.ll _'. ..... C' J' 'nl "~'I ',', U'" ''.I''Y ufVlb~:n j\:'.;[j l..)..,....Ul\ I PENNSYLVAN!!\ " :f * ;Ii I I ~ ~ t ~~.~ R/-/t 1:2/0// ~ . 4, \ WILLIAM L. KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-879 CIVIL TERM LISA M. KEISTER, Defendant : CML ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Custody Complaint filed in the above captioned case upon Defendant by certified mail, return receipt requested on January 29, 2002, addressed to: Lisa M. Keister 4169 Kittatinny Drive Mechanicsburg, P A 17050 and did thereafter receive same as evidenced by the attached Post Office receipt card dated January 31,2002. I VERIFY THAT TIIE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ,.,t I L./ /0'- Date I /Gvlr;-h~ pvt. ~ ~{Il KIRSTIN M. SWEIGARD, SQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff iI._.'," 1;>''''''1 " .' ~ , ,I'-~ . ~ , IT' IT' ~ Cl en IT' 1'- Ul Return Receipt Fee ~ (Endorsement Required) C Restricted Delivery Fee C (Endorsement Required) Total Postage & Fees $ 01129/2002 Cl ~ ~ ___~:~_!I.:5/.!:_j!J..:___I:{.F;]_r.T. EI?___'___________________... M Street, Apt. NO~_ 1./' g ~:.:.~_~~~_~~:___!~i___.~.L7.7.tJ..T..Ld.l:LY.---..-J.!JL--,------- 1'- CIty, State. ZIP, ~ / 7J,;!i:~ + . COlJ1plete items '1:' 2, an'ci 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 mail piece, or on the front if space permits. 1. Article Addressed to: ~ ,L;~ m. khs-rc'7G -'/)&// ..J)/I/',4/i AlA/f i>.c jJ?d!/I7HfJ/~~a; ?/ /;70SlJ delivery address din If YES, enter delive 'j ./AI31. &F^"' 3. Service Type AT Certified Mail o Registered o lnsured Mail 4. Restricted Delivery? (Extra Fee) es 2. Article Number (Copy from servic,{ 7001 1140 0000 5793 0499 PS Form 3811, uLI~ 1999 i i ,r ' i DomJstic Return Receipt f0259S-00.M-0952 "I"~ -'''!-~'r '"-~ ' ."'- ":: r"1 . MAR 1 r~' , 1iO'" -'.0';). ,3'P'r- , WILLIAM L. KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-879 CIVIL ACTION LAW LISA M. KEISTER, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT t;~ IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Garret William Keister October 10, 2000 MotherlFather 2. A Conciliation Conference was held on March 14, 2002, with the following individuals in attendance: The Father, William L. Keister, with his counsel, Kirstin M. Sweigard, Esquire, and the Mother, Lisa M. Keister, with her counsel, Timothy J. Colgan, Esquire. 3. The parties agreed at the Conference to continue attempting to resolve the custody issues through their ongoing counseling with Anthea L. Stebbins, LSW and to cooperate in making informal changes to the custody arrangements by agreement. Therefore, entry of an additional order is not necessary at this time. 4. It was agreed that in the event the parties are not able to resolve the outstanding custody issues after completing the remainder of the six month course of counseling, counsel for either party may contact the Conciliator to schedule an additional Conference at that time. rn CJ..A..A' J.. / i, doG;} Date f (~f- Dawn S. Sunday, Esquire . Custody Conciliator cc: Kirstin M. Sweigard, Esquire - Counsel for Father Timothy J. Colgan, Esquire - Counsel for Mother ~ ~ 3,;l:J-O.L 9-. ",.,_. -r II' -~ ? . < WILLIAM L. KEISTER, PlaintrrI: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-879 LISA M. KEISTER, Defendant. CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WlTH IlRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the PlaintrrI: William L. Keister, in the above-referenced matter which is scheduled for Hearing on February 28, 2003 at 1 :30 pm. I am withdrawing my appearance on the request of the Plaintiff. ~()~ William T. Smith, Esquire ID# 06887 3747 Derry Street Harrisburg, P A 17111 (717) 561-2677 Dated: yo \..L ...-d::::. ~)*",...'" ~ -1',,1 "-' .' CERTIFICATE OF SERVICE I, William T. Smith, Esquire, hereby certifY that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, by depositing the same First Class, postage prepaid, with United States Postal Service, addressed as follows: Timothy 1. Colgan, Esquire Wiley Group I S. Baltimore Street Dillsburg, PA 17019 Date: \~ 20-\:5:3:> (iW) 8 Q William T. Smith Attorney ID. # 06887 3747 Derry Street Harrisburg, PA 17111 (717) 561-2677 Attorney for Plaintiff C:\MYFILES20011AA FonnslCivil SUi1sIACertServ.wpd {-!~,"~ -" " 1"- r ,. ,". I-I r Paul J. Esposito. J.D. #25454 Heather L. Paterno - J.D. #87506 Att01'1le)'s for Plaintiff 320 MlIrket Street P.o. Box 1268 Harrisburg. PA 17108-1268 (717) 234-4161 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA <&':/'1 01.o89T CIVIL ACTION -LAW WILLIAM L. KEISTER, Plaintiff LISA M. KEISTER, Defendant IN CUSTODY PRAECIPE Kindly enter the appearance of Goldberg, Katzman & Shipman, P.C. and Paul J. Esposito, Esquire, in behalf of William L. Keister, Plaintiff in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. Byp~ Attorney I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff (717) 234-4161 - ',-~" >r-"__~,_,____,_<,,,ft__,_'''''''_''_~ '.".,,,, .",,_,,^,.",. ,__~II!!'I,~."..,,_,"_, "',; .,- ,~,~<~>< _,~ _ , .- CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Tim Colgan, Esquire 1 South Baltimore Dillsburg, PA 17019 Attorney for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Paul J. s Attorney!. .#25454 320 Market Street, Strawbeny Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: February s: 2003 :H -", , ,- ,," '_"~'HA ,"_'^"'<__'_"__~"~_"__ _"~_'__." ,T-I....I,- -~_~_~_, _"~.. _ _,~ -1- . 1 - -~ , WILLIAM L. KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-0879 CIVIL CIVIL ACTION - LAW LISA M. KEISTER, Defendant IN CUSTODY ORDER AND NOW, this 2 if >' day of August, 2003, following conference with counsel in Chanlbers, the petition of William L. Keister for modification of custody is deemed WITHDRAWN. BY THE COURT, ~u1 Esposito, Esquire For the Plaintiff ~othy J. Colgan, Esquire For the Defendant :r\m 09~03iB ;_e-~" 0'. 1 ' ., ,-~ .-p" "'I""I!"'.- ";> ~ -, .... -,