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HomeMy WebLinkAbout09-8835LORI MARIE KELLER, Plaintiff VS. KAYNE KENNETH KOUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- ?V3 S CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Lori Marie Keller, (Mother). Mother resides at 1722A Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is Kayne Kenneth Kough, (Father). Father resides at 147 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 3. Mother seeks shared physical custody of the minor child: Name Present Residence Age Damien Isaac Kough 147 Steelstown Road 10/2/09 DOB, -3mths old Newville, PA 17241 Damien was born out of wedlock. Damien is presently in the custody of Father. During his lifetime, Damien has resided with the following persons and at the following addresses: Name Lori Keller Kayne Kough Delores Bearden Brandi Bearden Kenneth E. Kough, Jr. April Keller Address 147 Steelstown Road Newville, PA Date birth -12/13/09 Kayne Kough 147 Steelstown Rd 12/13 - present Kenneth E. Kough Jr. Newville, PA Delores Bearden Brandi Bearden The parties are no longer in a relationship. 4. Mother resides with the following persons: Name Carolyn Kromer Relationship Maternal Grandmother Edward Kromer Edward Kromer April Keller Maternal Grandfather Maternal Uncle Daughter from prior relationship 5. Father is believed to be living with the following persons: Name Relationship Kenneth E. Kough, Jr. Delores Bearden Brandi Bearden Paternal Grandfather Grandfather's Girlfriend Daughter of Grandfather's Girlfriend Damien Kough Child with Lori Keller 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Damien in this or another court. 7. Mother has no information of a current custody proceeding concerning Damien pending in a court of this Commonwealth. 8. Mother does not know of a person not a party to the proceedings who has physical custody of Damien or claims to have custody or visitation rights with respect to Damien. 9. The best interest and permanent welfare of Damien will be served by granting the relief requested for reasons including, but not limited to the following: a) Mother was Damien's primary caretaker since his birth and has been the primary source of Damien's mental, emotional and physical needs. b) Mother resides in a home that is a safe and nurturing environment that is appropriate for the caretaking obligations regarding Damien. c) Mother has all the necessary items to care for Damien in a shared capacity with Father. d) Mother is committed to maintaining and nurturing the father/son relationship developed between Damien and his father over the past year. e) Father is not acting in Damien's best interest in ways including but not limited to the following: i) Father has unilaterally decided that he controls Mother's rights to see Damien and is arbitrary in determining when and if Mother can spend time with Damien. ii) Father allows his current girlfriend to step into the parenting role with Damien in what Mother perceives as an attempt to replace her in Damien's life. iii) Father refuses to accept calls or other contact from Mother in regard to Damien. iv) At two months of age, Damien is just learning to recognize faces and because of Father's refusal to allow Mother to see or speak to Damien, Mother fears that her relationship with Damien is being severely damaged because he will not recognize her as his mother. 11. Every person with rights to custody or having actual physical custody of Damien has been named as parties to this action. WHEREFORE, Mother requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Damien. 2) Grant Mother shared physical custody of Damien. 3) Establish a holiday schedule to ensure that both parents are able to celebrate with Damien. 4) Any further relief that this Court finds to be just and proper. Respectfully submitted, Je ica Holst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, LORI MARIE KELLER, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: IA' 1 /d,31/0? C7 u u?, I LORI MARIE KELLER LORI MARIE KELLER, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- CIVIL TERM CUSTODY KAYNE KENNETH KOUGH, Defendant AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Kayne Kenneth Kough, with a Complaint in Custody on DJUTAg tY , 2009 by certified mail, return receipt, restricted delivery, to the person and address below: Kayne Kenneth Kough 147 Steelstown Road Newville, PA 17241 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. 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. Date: IZ• Z?' 49 Signature: LORI MARIE KELLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09- CIVIL TERM KAYNE KENNETH KOUGH, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Kayne Kenneth Kough, with a Complaint in Custody on Z i' , 2009 by certified mail, return receipt, restricted delivery, to the person and address below: Kayne Kenneth Kough 147 Steelstown Road Newville, PA 17241 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. 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. Date: 12t hy lei Signature: Pr1+L L.3 i it G. 1 1 i S 14mo p.. LORI MARIE KELLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09- ft35 CIVIL TERM KAYNE KENNETH KOUGH, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Lori Marie Keller, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. jh-- fe'sica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 70 39 ULCI 2 8 x ,'11 !. 2 1 LORI MARIE KELLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAYNE KENNETH KOUGH DEFENDANT 2009-8835 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Tuesday, January 26, 2010 at 10:30 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by taw 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 ')F THE, PP' T4py /a X30 -e,?' /a jr -off' /.;? •3o oy' 2009 DEC 30 PH 3: 42 JAN 2 7 2010~,~ LORI MARIE KELLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA C3 o c: V. : N0.2009-8835 CIVIL ACTION -)~AW~ ~' KAYNE KENNETH KOUGH, ~- ; "~= `;~ m Defendant : IN CUSTODY ~ ~ ,` ~ ~_, _ --: :;_, =.: r`: ORDER OF COURT `= .1 r~-; .. _ -~ AND NOW, this 'day of ~.,%~~,~c ~cv~ , 2010, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The Mother, Lori Marie Keller and the Father, Kayne Kenneth Kough, shall have shared legal custody of Damien Isaac Kough, born October 2, 2009. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all. records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medicaUtreatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cazds. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody. 3. Provided Mother continues to attend counseling, she shall have the following periods of supervised physical custody: A. Monday through Friday from 7:00 a.m. to 5:30 p.m., except that on alternating Wednesdays, she shall have supervised custody unti18:30 p.m. to coincide with Father's work schedule. B. Such other times as the parties agree. 5' C. The supervisor may be Mother's Mother, Father, Brother or friend, Jay. 4. Neither party may do or say, nor permit a third party from saying or doing anything that 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. 5. Father shall be responsible for all transportation. 6. 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. Another Custody Conciliation Conference is schedule on Monday, March 1, 2010 at 8:30 a.m. BY THE COURT, / J' cc: J sica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother ~elanie Erb, Esquire, Counsel for Father l~ ~£S /Y1.~c~ ~~z ~~~v LORI MARIE KELLER, Plaintiff V. KAYNE KENNETH KOUGH, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8835 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 1N CUSTODY OF Damien Isaac Kough October 2, 2009 Father 2. A Conciliation Conference was held in this matter on January 26, 2010, with the following in attendance: The Mother, Lori Marie Keller, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Father, Kayne Kenneth Kough, with his counsel, Melanie Erb, Esquire. 3. The parties agreed to an Order in the form as attached. Date: ~ '~ ~ `~d ~, acq ine M. Verney, Esquire Custody Conciliator MAR 0 2 2010 LORI MARIE KELLER, Plaintiff V. KAYNE KENNETH KOUGH, Defendant S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8835 IN CUSTODY ORDER OF COURT CIVIL ACTION - 0 N ~~7 'O S ~s m AND NOW, this ~ day of /~/'G ~ , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 27, 2010 shall remain in full force and effect with the following modifications and additions. 2. The supervision requirement of the prior Order of Court is vacated. 3. Mother shall have the same times of partial physical custody as provided in the prior Order of Court dated January 27, 2010, except that on the alternating Wednesday that Mother had custody unti18:30 p.m., she will now have an overnight on that Wednesday until Thursday at 5:30 p.m. On the other alternating Wednesday, Mother shall have physical custody until 6:30 p.m. 4. Easter shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 5. Transportation shall be shared such that the relinquishing party shall transport. 6. The parties shall cooperate with co-parenting counseling. 7. 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. Another Custody Conciliation Conference is schedule on Monday, April 5, 2010 at 9:30 a.m. BY THE COURT, J. cc:-J~ica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother ~IVlelanie Erb, Esquire, Counsel for Father P 3I~ f ~ o LORI MARIE KELLER, Plaintiff V. KAYNE KENNETH KOUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8835 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 Damien Isaac Kough October 2, 2009 Father 2. A Conciliation Conference was held in this matter on March 1, 2010, with the following in attendance: The Mother, Lori Marie Keller, with her counsel, Jessica Hoist, Esquire, Mid Penn Legal Services and the Father, Kayne Kenneth Kough, with his counsel, Melanie Erb, Esquire. 3. The Honorable Albert H. Masland previously entered an Order of Court dated January 27, 2010 providing for shared legal custody, Father having primary physical custody and Mother having periods of supervised visitation. 4. The parties agreed to an Order in the form as attached. Date: '/ ~ /D C 1~ Y' ac line M. Verney, Esquire Custody Conciliator