Loading...
HomeMy WebLinkAbout04-2275 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEEDRA K. KECK, Plaintiff JEFFREY S. KECK, Defendant CIVIL ACTION - LAW (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint for Custody and Notice are served, be entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. 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. SA1DIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demando a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escfita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOOADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOV~T_,R & LINDSAY 26 W. High Street Carlisle, PA By: SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEEDRA K. KECK, : Plaintiff : CIVIL ACTION - LAW v. : No. 2004- ~.),75 JEFFREY S. KECK, : Defendant : (In Custody) COMPLAINT FOR CUSTODY AND NOW, this ~ day of May, 2004, comes Plaintiff, Deedra K. Keck, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Complaint for Custody and in support thereof aver as follows: 1. Plaintiff, Deedra K. Keck, an adult individual, is the natural mother of two (2) minor children, namely, Jessica Marie Keck, whose date of birth is June 13, 1988 (hereinafter referred to as "Jessica") and Rebecca Lynn Keck, whose date of birth is July 9, 1991 (hereinafter referred to as "Becky"). 2. Plaintiff currently resides with both children at 141 Fern Avenue, Carlisle, Cumberland County, Pennsylvania~ 3. Defendant, Jeffrey S. Keck, is an adult individual and the natural father of the children, who, upon information and belief currently resides at 45 Bobcat Road, Carlisle, Cumberland County, Pe~msylvania~ 4. Plaintiff and Defendant were married on September 29, 1990 in Carlisle, Cumberland County, Pennsylvania. 5. Jessica was bom out of wedlock and Becky was not born out of wedlock. 6. The parties separated on or about April 11, 2004. SA1DIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 7. Plaintiff has, since on or about April 11, 2004, exercised sole physical custody of the children, including providing for their daily needs, support and care. 8. In addition to the children's present address, during the past five (5) years, the children have resided with the following people at the following addresses: Names Address Dates Deedra K. Keck 141 Fern Avenue 4/11/04 - Carlisle, PA Present Deedra K. Keck Jeffrey S. Keck 141 Fern Avenue 1996 - Carlisle, PA 4/11/04 9. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the children in her house located at 141 Fern Avenue, Carlisle, Cumberland County, Pennsylvania~ 10. The relationship of Defendant to the children is that of natural father. Upon information and belief, the Defendant currently resides with his paramour, Jennifer Glessner and his grandmother in his grandmother's home located at 45 Bobcat Road, Carlisle, Cumberland County, Pennsylvania~ 11. Plaintiff has no information of any other custody proceeding concerning the children pending in any court of this Commonwealth. 12. Plaintiff does not know of any other person not any party to the proceedings, besides those who have been notified by this Complaint, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the children. 14. The best interests and permanent welfare of the children will be best served by granting the relief requested because: a) The Plaintiff has exercised not only primary physical custody of the children, but also sole physical custody of the children, since the Defendant left the marital residence on or about April 11, 2004; b) The children have bonded with the Plaintiff; c) The children are well-settled in school in the Plaintiffs' house and school district; d) Plaintiff has provided monetary and emotional support for the children since their birth; e) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; f) Plaintiff is, and has always been, willing to accept primary physical custody of the children; g) Plaintiff would foster an ongoing, loving relationship between the children and Defendant; h) Plaintiff continues to exercise her parental duties and responsibilities and enjoys the love and affection of the children; and i) Plaintiff offers a stable home environment to the children. WHEREFORE, Plaimiff, Deedra K. Keck, respectfully requests this Honorable Court enter an Order granting the parties shared legal custody and further grant'mg Plaintiff, Deedra K. Keck, primary physical custody of the Children subject to Defendant's, Jeffrey S. Keck's, periods of partial custody as the parties may agree. By: Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY IT/n~lsay Gin~r~ch IV~clay' Esqu'E~f ~,'Att6mey I.D:"No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Complaint for Custody are tree and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Date: ~- I~-~ Deedra K. Keck SAIDIS SHIJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DEEDRA K. KECK PLAINTIFF V. JEFFREY S. KECK DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA 04-2275 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 27, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jac~Lueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 17, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 l~resent at the conference. Failure to avpear 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: Is/ ]acqueline M. Verney, Esq. Custody Conciliator mhc 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) 249-3][66 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEEDRA IL KECK, Plaintiff JEFFREY S. KECK, Defendant CIVIL ACTION - LAW No. 2004 - 2275 (In Custody) AFFIDAVIT OF PERSONAL SERVICE On this 15th day of June, 2004, I, Lindsay Gingrich Maclay, Esquire, an adul individual not a party to the above-referenced action, hereby certify that I personally served a certified copy of the Custody Complaint, a certified copy of the Custody Conciliation Scheduling Order, and the June 15, 2004 letter, a copy of which is attached hereto as Exhibit "A", indicating the new date and time for the Custody Conciliation, upon Defendant, Jeffrey S. Keck, by handing him said documents at the parties' Domestic Relations Conference. I, Lindsay Gingrich Maclay, verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Swolnjo and,subscribed before me this · L. MURRAy, Nora /Oara~e eoro c._~. ry ~l~c Exhibit "A" JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY MATI'HEW J. ESHELMAN ~- KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN M. SMITH LAW OFFICES SAIDIS, SHUFF, FLOWER &: LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: lgingrickmaclay@ssfl-la w.co m WEST SHORE OFFICE: 2109 MARKET STREET- CAMP HILL, PA 17011 TELEPHONE: (7t7)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE June 15, 2004 VIA HAND DELIVERY Mr. Jeffrey S. Keck 45 Bobcat Road Carlisle, Pennsylvania 17013 Re: Keck v. Keck (In Custody) Docket No, _004 - ~-~7> (Cumberland County,) Dear Mr. Keck: Please be advised that we represent your wife, Deedra Keck, with regard to the above-referenced matter. As such, enclosed please find a certified copy of the Custody Compla:mt, which we filed on her behalf in the above-referencefi matter. Also enclosed is a copy of the Custody Conciliation · o adx~se, d howexer that due to a conflict of interest, Conciliator~J ...... ,:_ ,, Schedu!!,n, Order. Please be ' ' ' a,-qu~une vemev Wlll not be hearino, q this custoav matter. As such. Conciliator Hubert X Gilrov will be hearina the matter on'JuN 15 '~004 at 9'3(~ a m on the 4th floor of the Cumberland Count), Courthouse. Please allow thJ!s Ietter to serve ~s notice of the revised date, time and place of the Custody Conciliation in the above-referenced matter. Thank you in advance for your attention to this matter. Should you wish to discuss settling this matter without the need for a Custody Conciliation, please have your attorney, should vou have one. contact me to discuss same. - -, , · LGM Enclosures Very truly yours, Saidis, Sfi'¢~ ~lower Board Certl)~ed by the American Board of Certification in Creditors' Rights Representation SAIDIS SHIJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEEDRA K. KECK, : Plaintiff : JEFFREY S. KECK, : Defendant : CIVIL ACTION - LAW ]No. 2004 - 2275 ,In Custody) STIPULATION AND AGREEMENT FOR CUSTODY THIS STI~ULATION AND AGREEMENT FOR CUSTODY is entered into this ~TJ~ day of (J'-I,L ~ , 2004, by and between Deedra K. Keck (hereinafter referred to as "Mother") and Jeffrey S. Keck (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, Mother is the natural parent of two minor children, namely, Jessica Marie Keck, whose date of birth is June 13, 1988 (hereinafter referred to as "Jessica") and Rebecca Lynn Keck, whose date of birth is July 9, 1991 (hereinafter referred to as "Becky") and (hereinafter collectively referred to as the "Children"); and WHEREAS, Jeffrey S. Keck is the natural father of the Children; and WHEREAS, the parties hereto were married on September 29, 1990 and separated on or about April 11, 2004; and WHEREAS, the parties hereto have been living separate and apart since that time; and WHEREAS, both Mother and Father believe that it is important that Father remain a part of the Children's life; and WHEREAS, there are no prior custody agreements or Orders with regard to these Children; and SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA WHEREAS, the parties now wish to enter into an Amended Stipulation and Agreement for Custody of the Children. NOW, THEREFORE, the parties hereby agree as follows: 1. The parties shall have joint legal custody of the Children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives of their Children, including educational, medical, and religious decisions. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being, including, but not limited to, all decisions regarding her health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the Children. If the Children are sick and are unable to attend school or other pl~mned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the Children with health care providers, sufficiently in ~advance thereof so that the other party can attend, if he or she so chooses. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal access to all records and information pertaining to the Children, including, but not limited to, the Children's school, medical, dental, religious and other important records, the residence address of the Children and the other parent. As soon as practical after the receipt by a party, copies of the Children's school schedule, special events notifications, report cards, and similar items shall be provided to the other p~wty. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA or information of reasonable use to the other parent. The custodial parent shall provide copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition or welfare. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Children's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulatie,n. 2. Physical custody of the Children, as that term is defined in the Custody Act, shall be primarily with Mother, however, it shall be subject to the Father's periods of partial custody as agreed to by the parties hereto, and as requested by the Children. 3. Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive custody at the time of the exchange to provide for transportation from the residence of the other parent. At all times, the Children shall be secured in appropriate passenger restraints. All people transporting the Children shall be properly-licensed and insured. No person transporting the Children shall consume alcoholic beverages prior to transporting the Children. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. 4. To the extent possible, each party shall provide the other with at least forty- eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Children wish to engage in. During the times that each of the parents have custody of the Children, they will make certain that the Children attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the Children to and from such activities SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA and the preparations and practice for the activities t]hat are scheduled, in such time so that the Children are able to participate in those events. Neither parent, however, shall commit the, Children to any activity unless the Children definitely desires to attend that activity. Participation in activities, which take place during the school year, is contingent upon the Children maintaining passing grades in school. Neither parent shall commit the Children to :activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Children are involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the custodial parent shall not be required to take the Children to that activity if the custodial parent and Children are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is nnable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall make: certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. Should the custodial parent elect not to take the Children to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Children to that activity until appropriate transportation is provided. 5. Both parties are expected to use common sense in scheduling telephone calls to talk to the Children. Both parties and/or their spouses/significant others/third SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA parties are hereby directed to refrain from preventing the parent who may be calling from talking to the Children, or preventing the Children fi:om calling the other parent, provided that the phone calls are not excessively frequent no]: too long in duration that they disrupt the Children's schedule(s), or interfere with the custodial parent's period of custody. 6. Each of the parties and any third party in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Children from the other parent, their spouse or relatives, or injure the Children's opinion of the other party or which may hamper the free and natural development of the Children's love, affection and respect for the other parent. The parties shall not use the Children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 7. Emergency decisions regarding the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Children at any time, any party then having custody of the Children shall immediately communicate with the other party by telephone or arty other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the Children to bed for a period in excess of seventy-two (72) hours and which places the Children under the direction of a licensed physician. 8. The welfare and convenience of the Children shall be the prime consideration of the parties in any application of the provisions of this Stipulation. Both SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA parents are directed to listen carefully and consider the wishes of the Children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9. No party shall allow any third party to consume illegal substances when in the presence of the Child. 10. The parties are free to modify the temas of this Stipulation, but in order to do so, the parties must he in complete agreement to any new terms. 11. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. 12. Any major, long-term modifications of this Stipulation need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation will control the custodial arrangement until such time as the parties are able to agree. 1N WITNESS WHEREOF, the parties and their respective witnesses have their hands and seals this ~_ day of ,~ uJAA./ WITNESSES: ~ ~ 0.l~dsay Gir~ch l~aclay, Esquire Attorney for Plaintiffs ,2004. Deedra K. Keck, Mother ~e~ S. l~e[k, Father SAIDIS SHIJFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ]PENNSYLVANIA DEEDRA K. KECK, Plaintiff JEFFREY S. KECK, Defendant CIViL ACTION - LAW No. 2004 - 2275 (In Custody) ORDER AND NOW, this { -'~ ~day of '~) [ ~ ,2004, upon presentation and consideration of the attached Stipulation and Agreement of the parties, it is hereby ORDERED and DECREED that the attached Stipulation and Agreement for Custody is made on Order of Court. BY THE COURT, ,J. C DEEDRA K. KECK, Plaintiff V JEFFREY S. KECK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2004-2275 : IN CUSTODY COURT ORDER AND NOW, this o~/~ W~day of July, 2004, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT,