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HomeMy WebLinkAbout08-6763JASON A. KNIGHT, Plaintiff V. REBECCA M. KOHLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d8 - ?7?..3 ?l u c 1. 6 CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Jason A. Knight, residing at 3 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Rebecca M. Kohler, residing at 5213 Windsor Blvd., Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE DOB Ayden W. Knight 5213 Windsor Blvd. 1 yr. 10/23/07 Mechanicsburg, PA 17055 The child was born out of wedlock. The child is presently in the custody of Defendant/Mother, who resides at 5213 Windsor Blvd., Mechanicsburg, Pennsylvania 17055. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Jason A. Knight and 3 Lois Lane Date of birth - Rebecca M. Kohler Mechanicsburg, PA 17050 10/27/08 Rebecca M. Kohler, Larry Kohler, 5213 Windsor Blvd. 10/27/08- Barbara Kohler, Andrew Kohler, Mechanicsburg, PA 17055 to present Joshua Kohler, Amy Kohler, and Mrs. Wagner The mother of the child is the Defendant, currently residing at 5213 Windsor Blvd., Mechanicsburg, Pennsylvania 17055. She is single. The father of the child is the Plaintiff, currently residing at 3 Lois Lane, Mechanicsburg, Pennsylvania 17050. He is single. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Larry Kohler Father Barbara Kohler Mother Andrew Kohler Brother Joshua Kohler Brother Amy Kohler Sister Mrs. Wagner Grandmother 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 concerning the child pending in a court of this Commonwealth or any other state. 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: Since Mother left the family residence on October 27, 2008, she has only allowed one (1) twenty (20) minute visit with the child. It is in the child's best interest to continue a relationship with his father. Father has good and more than adequate housing, including a separate bedroom for the child, whereas Mother does not. 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child. Respectfully submitted, 5P Date: TPiYrLQ}P....?3 06hn F. King, ` ('3820 Market Street. Camp Hill, PA 170 (717) 236-8000 Attorney for Plaintiff VERIFICATION I, Jason A. Knight, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. ason A. Knig Dated: t 31 / l ? w p N Nrl* N ?? W r JASON A. KNIGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6763 CIVIL ACTION LAW REBECCA M. KOHLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 21, 2008 , 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, Mechanicsburg, PA 17055 on Wednesday, December 17,2008__....__ 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. 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/ Dawn S. Sunda Es . 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 DEC $ 2 zoos JASON A. KNIGHT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-6763 CIVIL ACTION LAW REBECCA M. KOHLER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1 AA? day of b LC e." w 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Rebecca M. Kohler, and the Father, Jason A. Knight, shall have shared legal custody of Ayden W. Knight, born October 23, 2007. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any, emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 1:00 p.m., beginning Friday, December 19, 2008. In addition, during weeks following the Father's weekend periods of custody, the Father shall have custody on Thursday from 5:00 p.m. until 7:00 p.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Monday and Wednesday from 5:00 p.m. until 7:00 p.m. 4. 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 1:00 p.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 26 at 1:00 p.m. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 3:00 p.m. and the Father shall have custody on Thanksgiving Day from 3:00 p.m. until 8:00 p.m. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 5:00 p.m. through Easter Sunday at 1:00 p.m., and Segment B, which shall run from 1:00 p.m. until 8:00 p.m. on Easter Sunday. In even-numbered years, the Father shall have custody 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. D. Memorial Da /y Fourth/Labor Day: The period of custody on Memorial Day and Labor Day shall run from 8:00 a.m. until 5:00 p.m. on the day of the holiday and the period of custody on July Fourth shall run from 8:00 a.m. until after the fireworks. In even-numbered years, the Mother shall have custody of the Child for Memorial Day and Labor Day and the Father shall have custody for July Fourth. In odd-numbered years, the Father shall have custody of the Child for Memorial Day and Labor Day and the Mother shall have custody for July Fourth. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 10:00 a.m. until 8:00 p.m. F. Halloween Trick or Treat: Ili every year, the parties shall make arrangements by agreement for both parties to have an opportunity to take the Child trick or treating. G. Child's Birthday: The parties shall alternate having custody of the Child on the day before the Child's birthday and on the Child's birthday each year with the specific arrangements to be made by agreement between the parties. H. In the event a holiday period of custody falls immediately preceding or following the Father's period of partial custody, the holiday and partial custody period shall run continuously without interruption. 1. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedule. 5. The Mother shall provide all transportation for exchanges of custody until such time as the Father regains his driver's license. Unless otherwise agreed, at such time as the Father obtains his driver's license, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. 6. The Father, through counsel, shall provide written confirmation of his current participation in a drug treatment program. The confirmation shall be requested from the program immediately following the conciliation conference and shall be provided to the Mother's counsel promptly upon receipt. Upon completion of the treatment program, the Father, through counsel, shall provide written confirmation of his completion and release from the program. 7. Neither party shall use illegal drugs during his or her periods of custody or consume alcohol to the point of intoxication. The parties shall ensure that third parties having contact with the Child comply with this provision. 8. Each party shall ensure that the other party has his or her current residential telephone number and cell phone number. The cell phone number shall be used only in the event of an emergency concerning the Child or the custodial arrangements. 9. The parties agree that the Mother may make arrangements for the Child to be baptized in her church. The Mother shall ensure that the Father is provided with timely notice of all arrangements concerning the Child's baptism so that the Father can attend and participate if desired. 10. 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. 11. Counsel for either party may contact the conciliator within three (3) months of the date of this Order to schedule a follow-up custody conciliation conference following the Father's receipt of his driver's license if necessary. 12. The proceedings initiated by the Mother at Docket No. 2008-6837 are consolidated herein. 13. 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, t*k.-t q??V cc: /ohn F. King, Esquire - Counsel for Father iregory S. Hazlett, Esquire - Counsel for Mother A 4 n ryF 0 S : 116 Z 320 8002 JASON A. KNIGHT Plaintiff vs. REBECCA M. KOHLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6763 CIVIL ACTION LAW IN CUSTODY 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 Ayden W. Knight October 23, 2007 Mother 2. A custody conciliation conference was held on December 17, 2008, with the following individuals in attendance: the Father, Jason A. Knight with his counsel, John F. King, Esquire, and the Mother, Rebecca M. Kohler, with her counsel, Gregory S. Hazlett. 3. The parties agreed to entry of an Order in the form as attached. It should be noted that the recommended Order includes a provision consolidating the Mother's Complaint for Custody docketed at No. 2008-6837 with the Father's Complaint docketed under the earlier number above. Date Dawn S. Sunday, Esquire Custody Conciliator