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HomeMy WebLinkAbout04-0984~BENNLAWFIRM 103-107 E. MARKET ST PO BOX 5185 YORK, PA 17405-5185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDY KELLER, : Plaintiff : TANYA KELLER, : Defendant : ACTION IN CUSTODY PETITION FOR CUSTODY AND NOW, this ~L~day o£March, 2004, comes the Petitioner, Randy Keller, by his attorney, Peter R. Wilson, Esquire, and makes this Petition for Custody o£his child o£which the following is a statement: 1. Petitioner is Randy Keller, an adult individual who resides at 118 Wesley Drive, Mechanicsburg, Pennsylvania. 2. Respondent is Tanya Keller, an adult individual who resides at 1227 Trindle Road, Carlisle, Pe~msylvania. 3. Petitioner is the Father and Respondent is the Mother o£Allison Hope Keller (Date of Birth: September 13, 1994) 4. Petitioner seeks custody of his daughter. 5. Petitioner and Respondent are married but have been living separately since February of 2002. 6. The child has, for the past five years, resided with the £ollowing persons at the following addresses: Father and Mother 1227 Trindle Road Carlisle, PA 1999 to December, 2001 ~BENNLAWFIRM Father and Mother 1506 Louisa Lane Mechanicsburg, PA December, 2001, to February, 2002 Mother February, 2002 to January, 2003 1227 Trindle Road Carlisle, PA Father had partial physical custody on every weekend and every Wednesday evening. Father January 2003 to present 118 Wesley Drive Mechanicsburg, PA Mother has had partial physical custody of one to three nights per week. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Father and daughter are bonded. Father fears for daughter's physical and emotional well being when she is with her mother. c. Mother has admitted to Father that she is addicted to crack cocaine. Mother has admitted to father that she cannot take care of her daughter. Mother has not paid utility bills, and, as a consequence, the utility UGI has disconnected the primary heating system. Mother relies on a backup system and her oven to keep her home warm. Mother entertains visitors and "parties" all hours of the night on school nights, disrupting her daughter's sleep and jeopardizing her academic performance. Mother, who has not worked a steady job in two years, sleeps while her daughter is at school. g. Mother has left her daughter in the custody of unsavory individuals. 8. Each parent whose parental rights to the child have not terminated and the person who has physical custody of the child have been named as parties to this action. 103-107 E. MARKET ST, P.O, BOX 5185 YORK, PA 17405 5185 ?~iBENNLAWFIRM WHEREFORE, Petitioner requests this Honorable Court grant custody to him, with supervised periods of visitation to Respondent. Respectfully submitted, BENNLAWFIRM Peter R. Wilson, Esquire Attorney I.D.# 87655 103 East Market Street P.O. Box 5185 York, PA 17405-5185 (717) 852-7020 103-107 E. MARKET ST PO BOX 5185 YORK, PA 17405-5185 2-15-20A 3:0ARM FROH BENN LAW FIRM 717 8B2 8797 p.A VERIFICATION I, Randy Keller, being duly sw0m according to law verify that thc statements contained in thc foregoing "Petition For Custody" arc true and correct to thc best or' my krlowledg¢, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. N~D~~KE~ RANDY KELLER PLAINTIFF TANYA KELLER DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 04-984 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 18, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, April 13, 2004 at 1:00 PM 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 a!ovear 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 hearinl~. FORTHECOUKF. By: /s/ 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AEFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RANDY KELLER Plaintiff VS. TANYA KELLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-984 CIVIL ACTION LAW IN CUSTODY' ORDER OF COURT AND NOW, this ,~w day of "714_a~j , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Randy Keller, and the Mother, Tanya Keller, shall have shared legal custody of Allison Hope Keller, bom September 13, 1994. Each parent shall have an equal fight, 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. In the event the Mother is unavailable or unable to consult with the Father in making a decision affecting the Child under this provision, the Father may make the necessary decision after a reasonable attempt to consult with the Mother. 2. The Father shall have primary physical custody of the Clfild. 3. The Mother shall have partial physical custody of the Child as follows: A. During the school year, for one overnight period on alternating weekends from after school or 3:00 pm through the following day at 5:00 pm, and one weekday evening every week from after school until 8:00 pm. B. During the summer school break, for one overnight period on alternating weekends from 3:00 pm until the following day at 5:00 pm and one overnight period during each week from 3:00 pm until the following day at 5:00 ]pm. C. Acknowledging the importance of promoting the Mother - Child relationship, the Father agrees to schedule additional periods of custody by agreement to coordinate with both patties' work schedules and the Child's activities. 4. The Father shall be entitled to have custody of the Child for two uninterrupted nonconsecutive weeks for vacation during the summer school break upon providing at least thirty days advance notice to the Mother. The Mother shall also be entitled to have periods of custody with the Child for vacation as arranged by agreement. In the event the Mother misses a period of custody with the Child due to the Father's vacation custody under this provision,, the parties shall cooperate to arrange make-up periods of custody for the Mother either immediately before or immediately after the Father's period of vacation custody. 5. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 6. The Mother shall provide transportation for all exchanges of custody unless otherwise agreed between the parties. 7. The parties shall ensure that the Child attends all regularly scheduled activities during their periods of custody. 8. Neither party shall consume alcohol or use illegal drugs (luring his or her periods of custody with the Child. Each party shall ensure that the Child has no contact with third parties consuming alcohol to excess or using illegal drugs during that party's period of custody. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. The Mother may file a Petition with the Court requesting the scheduling of an additional custody conciliation conference to review the custody arrangements, if appropriate. 11. 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. cc: Peter R. Wilson, Esquire - Counsel for Father Tanya Keller, Mother RANDY KELLER Plaintiff : : vs. : 04-984 : Defendant : TANYA KELLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 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: follows: NAME Allison Hope Keller The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH September 13, 1994 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held on April 27, 2004, with the following individuals in attendance: The Father, Randy Keller, with his counsel, Peter R. 'Wilson, Esquire. The Mother, Tanya Keller, did not appear at the conference or contact the conciliator. The Father's counsel provided a certificate of service indicating that the Mother was served with notice of the conference on March 30, 2004. 3. The Father filed this Petition for primary physical custody of the Child indicating that the Mother acknowledges that she is unable to provide sustained care for the Child at the present time due to addiction issues which she is attempting to address. The Father stated that the Child had been living primarily with him since January 2003 with the Mother having custody of the Child at least one day per week and approximately six to eight days during the present month. The Father indicated that the Child is afraid to take the bus to the Mother's residence after school because the Mother is frequently not at home. According to the Father, his concerns regarding the: Child's safety and well being while in the Mother's care are related primarily to the Mother's addiction issues and that when the Mother is able to address those issues, the Father feels that the custody arrangements should be reviewed to ensure that the Mother has as much time with the Child as possible. Under the present circumstances, however, the Father stated that while he understands that the Child needs to have contact with her Mother he is trying to balance the Child's emotional and other needs which the Mother is unable to satisfy at this time. 4. It was determined at the conference that the Mother had previously initiated custody proceedings in 2001 with the Father as defendant at Docket No. 01-5805. On October 5, 2001, the Court entered a temporary Special Relief Order granting the Mother custody of the Child subject to the Father's reasonable periods of partial custody pending further Order of Court. The Father stated that the conciliation conference was cancelled and no further proceedings were held as the parties reconciled at that time. Subsequent to the conference, and after consulting with the Court Administrator's office, the Father's counsel notified the conciliator that consolidation of the two matters was problematic as the parties are reversed in the captions. For the Court's information, however, it appears that the October 5, 2001 temporary Special Relief Order was not vacated or modified after the parties' reconciliation. 5. Based upon the representations of the Father at the conference and the fact that the Mother did not attend or contact the conciliator, the conciliator recommends an Order in the form as attached. Date Custody Conciliator