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HomeMy WebLinkAbout08-6837 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY IN THE COMMONWEALTH OF PENNSYLVANIA REBECCA M. KOHLER, Civil Action At Law Plaintiff, Case No. D P- G t 37 VS. JASON A. KNIGHT, Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff is Rebecca M. Kohler, sui juris, who is currently residing at 5213 Windsor Boulevard, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania 2. The defendant is Jason A. Knight, sui juris who is currently residing at 3 Lois Lane, Mechancisburg, 17050 in the County of Cumberland, Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Address Date of Birth Age Ayden W. Knight same address 10/23/2007 1 Year as mother 4. The child was born outside of wedlock. 5. The child is presently in the custody of the biological mother, Rebecca M. Kohler who resides at 5213 Windsor Boulevard, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania 6. The child has been in the Primary Custody of the mother since its birth and currently resides at 5213 Windsor Boulevard, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania 7. The biological mother of the child is Rebecca M. Kohler, currently residing at 5213 Windsor Boulevard, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania 8. The mother is separated from the biological father and remains unmarried to the same. 9. The father of the child is Jason A. Knight, who resides at 3 Lois Lane, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 10. The relationship of the plaintiff to the child is that of a biological mother. The plaintiff currently resides with the following persons: Name Relationship Larry W. Kohler Maternal Grandfather Barbara K. Kohler Maternal Grandmother Joshua P. Kohler Maternal Uncle Amy Kohler Maternal Aunt Ayden W. Knight Biological Son Andrew Kohler Maternal Uncle 11. The 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. 12. The plaintiff has no other information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 13. 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. 14. The best interest of the child and permanent welfare of the child will be served by granting the relief requested because: (a) The plaintiff mother, has been the primary caretaker and caregiver of the child and has provided the requisite level of love, support, attention, affection and nurturing and has done so by attending to his physical, psychological, and emotional since the child's birth. (b) Father has and continues to use illicit drugs and in excess, which has led to multiple felony charges for possession of a controlled substance. (c) The mother has discovered illicit drugs within the father's home on several occasions. (d) Father has had his driving privileges suspended as a consequence of father having in his possession illicit drugs within his motor vehicle. (e) The father has been verbally abusive, and confrontational toward the mother in the presence of third parties. (f) The father on one occasion physically injured the mother's arm when he kicked in a door to the bathroom while in a state of uncontrollable rage. (g) The father lacks a suitable living environment to accommodate the needs, of an infant child and more importantly lacks the presence of mind due to his affinity towards numbing his senses with drugs and alcohol. (h) The child's physical and psychological well being would be severely at risk due to the potential acts and/or omissions of the father if allowed in his presence as a result of father's volatile and unpredictable emotional state the cause of which is believed to emanate from the ingestion of mind altering substances. (i) The child currently resides with his mother and the maternal grandparents, in a home where he can experience a sense of comfort, permanency, and familiarity. 0) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle of which, the child has become accustomed and that will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Rebecca M. Kohler, respectfully requests for the aforementioned reasons, that the court grant and award her Sole Physical custody of the child Ayden W. Knight for the aforementioned reasons as recited herein. Dated: GREGORY S. HAZLETT Grey S. HVRAWEsquir 7 -West Main Street Mechanicsburg, PA. 17055 Phone: (717) 790-5500 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 unsworn falsification to authorities. Date: ?-IqPOMMA Rebecca M. Kohler, Plaintiff C? C W -. ? l l ( 4_ °?a rn REBECCA M. KOHLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6837 CIVIL ACTION LAW JASON A. KNIGHT 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. 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 ;z ia? ,0/?V,oz /0"P-?P?w , v, if r f: ? ? 1 '; ry1,:?9 hC41