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HomeMy WebLinkAbout04-0095BRYAN W. KEIM, Plaintiff CRYSTAL L. STANSFIELD, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :NO. : : CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff, BRYAN W. KEIM, by and through his attorney, Marvin Beshore, and files this Complaint for Custody and in support thereof avers the following: 1. Plaintiff is BRYAN W. KEIM, an adult individual currently residing at 417 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Father" or "Plaintiff"). Plaintiff and Defendant were formerly husband and wife, having married on September 19, 1997; separated in April, 2000; and divorced on February 1, 2001. 2. Defendant is CRYSTAL L. STANSFIELD, an adult individual currently residing at 40 Parsonage Street, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "Mother" or "Defendant"). 3. Plaintiff seeks shared legal custody and partial physical custody of the child of the parties, Jesse M. Keim, born July 28, 1998, presently 5 years old and finishing kindergarten. The child was not born out of wedlock. The child currently resides with the Mother at 40 Parsonage Street, Newville, Cumberland County, Pennsylvania 17241, with visitation and temporary custody with the Father per the terms of an oral agreement between the parties. For the past 3 years, the child has resided with one or both of the parties at the addresses as indicated: A. Birth to separation in April, 2000 - Father and Mother together at joint residence in 417 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065; and C. April 1, 2000 to present - primarily with Mother at her residence with varying periods of day visitation and temporary custody with the Father in Carlisle, Cumberland County, Pennsylvania per the terms of an oral agreement between the parties. The Father of the child is the Plaintiff, currently residing 417 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. He is single. The Mother of the child is the Defendant currently residing at 40 Parsonage Street, Newville, Cumberland County, Pennsylvania 17241. She is married. 4. The relationship of Plaintiff to the child is that of Father. 5. The relationship of Defendant to the child is that of Mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation or proceeding concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or elsewhere. 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. The best interest and permanent welfare of the child will be served by granting the relief requested. 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. No other 2 persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff requests the court to grant him shared legal custody and partial physical custody of the child. Date eshore; Esquire Law Offices of Marvin Beshore Supreme Court ID # 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 (717) 236-0791 Fax Email: mbeshore @ mblawfirm.com Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in this Complaint are tree and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: BRYAN W. KEIM PLAINTIFF V. CRYSTAL L. STANSFIELD DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 04-95 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 14, 2004 ~, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre _ Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 28, 2004 at 1:00 PM for a Pre-Heating 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Dawn S. Sunda'v; 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 SItOULD 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 FOR'IH 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 BRYAN W. KEIM, Plaintiff VS. CRYSTAL L. STANSFIELD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-95 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~r,~ day of ~'~.~t~,~ '1 , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Bryan W. Keim and the Mother, Crystal L. Aulenbacher (formerly Stansfield), shall have shared legal custody of Jesse M. Keim, bom July 28, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. Until such time as the Child begins first grade, the Father shall have partial physical custody of the Child on alternating weekends from Friday after kindergarten through Sunday at 7:00 pm and every week from Monday after kindergarten until Tuesday before school and every Tuesday after kindergarten until 7:00 pm. In addition, in the weeks following the Father's weekend periods of custody the Father's Monday period of custody shall begin in the morning when the Mother goes to work, and the Father shall have custody on Friday from after school until the Mother picks up the Child after work. 4. After the Child begins first grade, the partial custody schedule set forth in the preceding paragraph shall remain in effect, except that the Father's Monday overnight periods of custody immediately following his weekend periods of custody shall be discontinued. The Father may have additional periods of custody as arranged by agreement between the parties. 5. The parties shall share 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. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A, and the Father shall have custody during Segment B. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child from 9:00 am until 7:00 pm on the alternating holidays. In even numbered years, the Mother shall have custody of the Child on New Years Da~yt~Memorial Day, and Labor Day and the Father shall have custody on Easter, July 4 and Thanksgiving. In odd numbered years, the Father shall have custody of the Child on New Years Day[h Memorial Day and Labor Day, and the Mother shall have custody on Easter, July 4 and Thanksgiving. C. MISCELLANIOUS SCHOOL HOLIDAYS / 1N SERVICE DAYS: The Father shall have custody of the Child each year on Columbus Day, Veterans Day, Martin Luther King, Jr. Day, Presidents Day and Monday and Friday In Service days. In the event a Monday holiday follows the Father's regular weekend periods of custody, the Father shall retain custody of the Child through 7:00 pm on the holiday or through Tuesday before school if it is the Father's alternating Monday overnight period of custody under the regular schedule. In the event the holiday follows the Mother's weekend period of custody, the Father shall pick up the Child on the morning of the holiday after the Mother goes to work. In the event a Friday school holiday falls immediately before the Father's weekend period of custody, the Father's weekend period shall begin on Friday morning. Otherwise, the Father shall have custody of the Child on the Friday holiday from the morning through 5:00 pm when the Mother's weekend period of custody begins. This schedule shall not apply to holidays addressed in subparagraphs A and B of this provision. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Child for two weeks (consecutive or non- consecutive) during the summer school break upon providing at least sixty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 7. For exchanges that do not take place at school, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody unless otherwise agreed between the parties. 8. The Mother shall notify the Father in the event of a change in the custody schedule for the Child's step-sister, Elizabeth, recognizing that the Father's agreement to the custody schedule provided in this Order is intended to permit the Child to have contact with her step-sister. 9. Neither party shall do or say anything which may estrange the Child fi.om 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. 10. 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 of this Order shall control BY THE COURT, cc: ~Marvin Beshore, Esquire - Counsel for Father ~,t~rystal L. Aulenbacher ~ Mother BRYAN W. KEIM, Plaintiff VS. CRYSTAL L. STANSFIELD Defendant 04-95 CIVIL ACTION LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME Jesse M. Keim The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH CURRENTLY IN CUSTODY OF July28, 1998 Mother 2. A Conciliation Conference was held on January 28, 2004, with the following individuals in attendance: The Father, Bryan W. Keim, with his counsel, Marvin Beshore, Esquire, and the Mother, Crystal L. Aulenbacher, formerly Stansfield, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator