HomeMy WebLinkAbout05-1454DEBORAH D. LEREW,
Plaintiff
V3.
TINA J. GAINES and
RODERICK KECK
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No. DS" - 1,418
C- ?
CIVIL ACTION - LAW
COMPLAINT FOR CUSTODY
AND NOW, comes the Plaintiff, Deborah D. Lerew, by and through her attorney,
Thomas M. Clark, Esquire, of the law firm of WILEY, LENOX, COLGAN & MARZZACCO,
P.C., and files this Complaint for Custody, of which the following is a statement:
Plaintiff is Deborah D. Lerew, who currently resides at 311 Fairview Street, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant, Tina J. Gaines, currently resides at 2129 Highway 25 North, Millen,
Jenkins County, Georgia.
3. Defendant, Roderick Keck, currently resides at 184 Darr Avenue, Carlisle,
Cumberland County, Pennsylvania.
4. Plaintiff, Deborah D. Lerew,seeks visitation of the following child:
Kerri Keck, born September 28, 1996.
The child was born out of wedlock.
The child is presently in the physical custody of Defendant, Tina J. Gaines. During the
past five (5) years, the child has resided with the following persons at the following addresses:
From April 1999 to June 2002, the child has resided at Harvey Street, Millen Georgia,
with mother and numerous relatives.
From June 2002 to September 2003, the child has resided at Barney Avenue, Millen
Georgia, with mother and numerous relatives.
From September 2003 to present, the child has resided at 2129 Highway 25 North,
Millen, Jenkins County, Georgia, with mother, step-father, and half brothers and half sisters.
5. The mother of the child is Tina J. Gaines, whose address is 2129 Highway 25 North,
Jenkins County, Georgia.
6. The father of the child is Roderick Keck, who currently resides at 184 Darr Avenue,
Carlisle, Cumberland County, Pennsylvania.
8. The relationship of Plaintiff, Deborah D. Lerew, to the child is that of paternal
grandmother. Plaintiff, Deborah D. Lerew currently resides at 311 Fairview Street, Carlisle,
Cumberland County, Pennsylvania.
9. The relationship of Defendant, Tina J. Gaines, to the child is that of mother.
Defendant Gaines currently resides at 2129 Highway 25 North, Millen, Jenkins County, Georgia.
10. The relationship of Defendant, Roderick Keck, to the child is that of father.
Defendant Keck currently resides at 184 Darr Avenue, Carlisle, Cumberland County,
Pennsylvania.
11. Plaintiff has not participated as a parry in other litigation concerning the custody of
the child in another court. There was a prior custody action involving this minor child that was
filed in the Court of Common Pleas of Cumberland County, Pennsylvania, at docket 97-2143.
Plaintiff does not know of a person not a party of this proceeding who has physical custody of the
child, or who claims to have custody or visitation rights with respect to the child.
12. The best interest and permanent welfare of the child will be best served by granting
Plaintiff, Deborah D. Lerew, partial custody/visitation. Specifically, it is believed and alleged
that the living conditions which the child is in, are substandard, and that it would be in the best
interest of the child to spend the vast majority of her time with paternal grandmother in
Cumberland County, Pennsylvania.
13. 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 as parties to this action.
WHEREFORE, Plaintiff, Deborah D. Lerew, respectfully requests this Honorable Court
to award her partial custody/visitation of the minor child.
By:
Respectfully submitted,
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
Thomas M. Clark, Esquire
I.D. Number: 85211
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
Date: -7 - /r-° 5-
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 unswom
falsification to authorities.
Date: ? -
DEBORA D. RE
Plaintiff
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DEBORAH D.LEREW
PLAINTIFF
V.
TINA J. GAINES AND RODERICK KECK
DEFENDANT
IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLV
05-1454 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, March 23, 2005 upon consideration of the attache Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at- DJ love's, 1901 State St., Camp Hill, PA 19011 on Friday, April 29, 2005
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the iss
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter
order. All children age five or older may also be present at the conference. Failure to appear at the
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled he
FOR THE COURT.
By: /s/ Melissa P,_Greevy, Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply witl
with Disabilites Act of 1990. For information about accessible facilities and reasonable acconw
available to disabled individuals having business before the Comm, please contact our office. All
must be made at least 72 hours prior to any hearing or business before the court. You must attet
conference or hearing.
at 1:00 PM
in dispute; or
o a temporary
Terence may
orders,
the Americans
odations
the scheduled
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU O NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI 'E SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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DEBORAH D. LEREW, : IN THE COURT OF COMMON gLEAS
Plaintiff ; OF CUMBERLAND COUNTY, P NNSYLVANIA
VS.
TINA J. GAINES and
RODERICK KECK
Defendants
No. 05-1454 Civil Term
CIVIL ACTION - LAW
In,, Z_
On the day of.Qotel r, 2005, I,
served TINA J. GAINES with Plaintiff's Complaint for Custody and
Pre-Trial Custody Conference on Friday, April 29, 2005,
(manner of s
at _.m. (time of service).
I verify that the statements in this return of service are true and
false statements herein are made subject to the penalties of 18 P . CS
unsworn falsification to authorities.
Date: 3 O J
11 Riannh.r
JenkXs County
of Court scheduling a
by
i.e. hand delivery) at
_ Georgia (address),
I understand that
relating to
Department
Please Print N,efine
Jenkins County Sheriff Department
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DEBORAH D. LEREW, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
vs. :No. 05-1454
TINA J. GAINES and
RODERICK KECK
Defendants : CIVIL ACTION - LAW
ACCEPTANCE OF SERVICE
I, Roderick Keck, Defendant in the above-captioned matter, hereby certify that I received
a true and correct copy of Plaintiff's Complaint for Custody and attached Order of Court in the
above-captioned matter, which service satisfies the requirement of Pa.R.C.P. 1930.4(a)(1) and
1930.4(h). // _
Date: .1111?_a
RODERICK KECK
_t'?q L.,I- Ave
Address
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City, State, zip
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DEBORAH LEREW, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. -05-1454 CIVIL ACTION LAW
TINA J. GAINES and RODERICK KECK, :
Defendants : CUSTODY
PRELIMINARY OBJECTIONS OF DEFENDANT GAINES
TO COMPLAINT IN CUSTODY OF DEBORAH LEREW
AND NOW, comes Defendant Tina J. Gaines, by and through her attorney, Grace E.
D'Alo, Esquire, of MidPenn Legal Services and files these Preliminary Objections to Plaintiffs
Complaint in Custody and in furtherance thereof states the following:
1. The Defendants are the natural parents of Kerri Keck, hereinafter referred to as Kerri.
2. Under Docket No. 97-2143, this Court granted the Defendants shared legal custody and
Defendant Gaines primary physical custody subject to Defendant Keck's visitation rights;
3. Plaintiff was not a party to the prior custody proceeding;
4. By Plaintiffs own averments, Kerri has lived continually with her mother in Millen,
Georgia, since April 1999.
5. Defendant Gaines also avers that:
a. The child has had regular contact with the Plaintiff,
b. Defendant Gaines has not unreasonably withheld Kerri's ability to talk to the
Plaintiff over the phone;
c. Defendant Gaines has not unreasonably withheld any letters, cards, or packages
sent to Kern from the Plaintiff,
d. Defendant Gaines has no intention of withholding reasonable contact between the
Plaintiff and Kern in the future.
e. During Kerri's last visit with her father, Defendant Keck, the Plaintiff refused to
return Kerri to her Defendant Gaines at the agreed upon time and withheld Kerri
from the mother for four days without permission or authority.
6. Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.
§5401, et. seq., this Court does not have jurisdiction because it is neither the home state
of the child on the date of the commencement of this proceeding nor the home of the
child within six months before the commencement of the proceeding. (23 Pa. C. S. $
5421(a)(1).
7. These parties have never litigated issues of child custody prior to this action and the child
has resided continually with her mother in Millen, Georgia, since 1999.
WHEREFORE, Defendant Gaines asks this Court to find that the Plaintiff has no standing to
custody or visitation in this jurisdiction and dismiss the complaint.
Gj?tce E. D'Alo, Esq.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
RESPECTFULLY SUBMITTED,
DEBORAH D. LEREW, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-1454 CIVIL ACTION LAW
TINA L GAINES and RODERICK KECK, :
Defendants : CUSTODY
To the Prothonotary:
PRAECIPE TO PROCEED IN FORMA PAUPERIS
Kindly allow, Tina J. Gaines, Defendant, to proceed in forma ap uUeris.
1, Grace E. D'Alo attorney for the party proceeding in forma an uueris, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to the
party.
r\
Gr ce E. D'Alo
A mey for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
A,R-26-2005 15:23 7067214897
VERIFICATION
7067214897 P.03i03
The above-named DEFENDANT, Tina 7. Gaines, verifies that
the statements made in the above Preliminary objections are true
and correct. DEFENDANT understands that false statements herein
are made subject to the penalties of 18 Pa, C.S. §4904, relating
to unsworn falsification to authorities.
' a?'r2S .?? mca. ?1+mscJ?
Date:
Tina J. Gaines
TOTAL P.03
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qPR-26-2005 1522 7067214897
h N IM, JONEL
MANAGING AUGUSTA REGIONAL OFFICE
J ATTORNEY
CYNTHIA L. WDCI ELL 209 SEVENTH STREET, SUITE 400
CARL Q SCULIJUR P. O. BOX 2185
rrAFF ATrnanErs AUGUSTA, GEORGIA 30903
(706) 721-2327 FAX (706) 721-4897
1-800-248.6697 (for clicnts only)
TDD 1-800.255-0056
httD,//W W W.aNp,oTn
7067214897 P.02i03
PHYL1..18 1. IIOLMKN
ak6OUTIV , CIRFOrOa
DOARD OF 019ECTORS
JAMkS W. BOS W ELL. III
PRUDENT'
DENNY C. HAND
VICE PRF51DENT
LISA C HANG
VR'+, PRESIDF'Nr
EVELYN Y. TEAODI!
TREASURER
SADRINA PROWN•CLAY
$ECRF,TARV
MALCOLM Mse6ENTJE, nI
AT LARGE
ANNIE ERVIN
A r LARGE
April 26, 2005
via U.S. Mail and Facsimile (717-243-8026)
Ms, Grace E. D'Alo
Mid-Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
RE: Tuna Gaines
(pear Grace:
NON-ATrORNRYMANACF.MENT STAFF
THOMAS J, ANTHONV
DIRECTOR OF PROGRAM OPERAT*NSI
ASSOCIATE DIRECTOR
JACK M, WEaa
DIRECTOR OF FINANCE
? am faxing a copy of the verification that was signed by Tina Gaines. I am forwarding the original
in today's mail.
'hank you for assisting Ms. Gaines in this matter.
3 J. JONES
Attomey
K,JJ/pbs
ETlclosure(s)
j L LSC
Sarvcs Bwkc, Columbia. GNSCOCk, Jefferson, Jcnkins, Lincoln,
MCDuffie, Richmond, Smwn, Taliafeeo, Warren, Washington and Wilkcs Counties
AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER M/FIVAI
DEBORAH LEREW, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
TINA J. GAINES and RODERICK KECK
Defendants
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- 1454 CIVIL ACTION LAW
CUSTODY
CERTIFICATE OF SERVICE
Grace E. D'Alo, Esquire, of MidPenn Legal Services, attorney for Defendant Tina J. Gaines,
certify that I have served a copy of the attached Preliminary Objections on the following
on the date in the manner indicated below:
U.S. First Class Mail, Postage Pre-Paid
Thomas M. Clark, Esquire
130 West Church Street
Suite 100
Dillsburg, PA 17019
Melissa P. Greevy, Esq.
301 Market Street
Lemoyne, PA 17011
??T 2 v MidPenn Legal Services
Gr ce E. D'Alo
orney I.D. 26146
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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DEBORAH D. LEREW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. :No. 05-1454
TINA J. GAINES and
RODERICK KECK
Defendants : CIVIL ACTION - LAW
ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANT GAIN ES TO
COMPLAINT IN CUSTODY OF DEBORAH LEREW
AND NOW, comes Plaintiff, Deborah Lerew, by and through her attorney,
Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the
instant Answer to Preliminary Objections of Defendant Gaines to Complaint in Custody
of Deborah Lerew, and in support thereof, avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. Since April 1999, Kerri has spent significant amounts of time in
Cumberland County. Most recently, Kerri resided in Cumberland County with Plaintiff
from May 2004 through August 2004. Kerri also stayed with Plaintiff in December 2004
for the Christmas holidays.
5.
a. Denied. Since April 1999 Kerri has spent a significant amount of
time in Cumberland County, Pennsylvania. Prior to Kerri starting school in 2002,
Plaintiff had custody during the months of March, June, September and
December. Since starting school in 2002 Kerri has been spending every
December. Since starting school in 2002 Kerri has been spending every
Christmas and a majority of the summer months with Plaintiff.
According to the Cumberland County Court Order of September 1, 1999,
Roderick Keck was granted partial physical custody of Kerri. While Kerri was in
Plaintiff's custody, Defendant Roderick Keck (father) would exercise his rights at
Plaintiff's residence.
With the exception of two letters, Plaintiff has been denied contact with
Kerri. By letter dated May 23, 2005, a copy of which is attached hereto as
Exhibit A and incorporated herein by reference, Defendant Gaines indicates that
Deborah (Grandmother) "will no longer be able to take Kerri anywhere. As you
know she has no rights at all to Kerri. There are no Grandmother's rights in
Georgia or Pennsylvania". In this letter Defendant Gaines further states that there
is no longer any visitation applying to Kerri.
b. Denied. Since having Kerri over the 2004-2005 holiday seasons,
Plaintiff has not been provided any opportunities to talk to Kerry by phone.
C. Denied. After reasonable investigation, Plaintiff is without
knowledge or information sufficient to form a belief as to the truth of the
averment. Strict proof thereof is demanded.
d. Denied. Based on the attached letter dated May 23, 2005,
Defendant Gaines indicates that she has the intention of withholding reasonable
contact between Plaintiff and Kerri in the future.
e. Denied. The last visit that took place in Cumberland County was
at the residences of Plaintiff. When Plaintiff picked up Kerri in Millan, Georgia
to transport her back to Cumberland County, Kerri had lice. Plaintiff was
attempting to clear up the lice problem prior to returning her to Georgia. Kerri
was returned to Georgia one day after the earlier agreed upon date of return.
6. Denied. Pursuant to Rule 23 Pa.C.S.A § 5422 (a), a court of this
Commonwealth which has made a child custody determination consistent with section
5421 (relating to initial child custody) or 5423 (relating to jurisdiction to modify
determination) had exclusive, continuing jurisdiction over the determination until:
a. A court of this Commonwealth determines that neither the child,
nor the child and one parent, nor the child and a person acting as a parent have a
significant connection with this Commonwealth and that substantial evidence is
no longer available in this Commonwealth concerning the child's care, protection,
training and personal relationships; or
b. A court of this Commonwealth or a court of another state
determines that the child, the child's parents and any person acting as a parent do
not presently reside in this Commonwealth.
A custody order was entered in Cumberland County at Docket No. 97-2143.
Roderick Keck continues to reside in Pennsylvania. Defendant Keck has shared legal
custody and has been exercising visitation with Kerri on the occasions when Plaintiff has
the child. No custody action has been filed in Georgia and no modification of the prior
custody order has been sought.
7. Denied. There is a prior Cumberland County Custody Order in this case.
Since the filing of the previous order, Kerri has been spending a significant amount of
time with Plaintiff and Defendant Keck in Cumberland County.
NEW MATTER
8. Paragraph's 1 through 7 are incorporated herein by reference.
9. A Custody Complaint was filed by Plaintiff on March 17, 2005.
10. The Complaint was served on Defendant Gaines on March 29, 2005. The
Certificate of Service was filed on April 5, 2005.
11. Preliminary Objections were filed by Defendant Gaines on April 27, 2005,
and served by fax on April 28, 2005.
12. Pa.R.C.P. Rule 191.5, relating to jurisdiction in custody visitation actions,
requires that questions of jurisdiction be raised by preliminary objection filed within
twenty (20) days of service of pleading to which objection was made.
13. As the Preliminary Objections were filed beyond twenty (20) days of
service of the Custody Complaint, the Preliminary Objections are untimely and therefore
should be dismissed.
14. Though the Court may raise a question of jurisdiction at anytime, this
Court has jurisdiction as discussed in Paragraph 6.
WHEREFORE, Plaintiff, Deborah Lerew, asks that this Court deny Defendant
Gaines' Preliminary Objections.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO
By:?? ?L
Thomas M. Clark, Esquire
Dated: VI
30 s
ID # 85211
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
EXHIBIT A
5/23/05
Rod,
I received your letter, req uesti ng visitation for the summer with my
daughter kerri.as iam sure you are aware,there is no longer any
visitation applying to Kerri.
You will have to take the correct steps to file for it here in
Georgia,which as you know is Kerris home resident and has been
sence may 17 1999.school records will reflect to that.
lam sure you will have to first have to catch up your back child
support you are so far behine in-and then file for visitation here in
georgia... at that time iam sure the Judge will decide how you time to
be with kerri is set up. and how Kerri will get to you and home again
will be decided by him also.As for your mother Debra (
GRA NDMO THER).. she will no longer be able to take Kerri
anywhere....I cannot trust her to return Kerri when agreed-As she
plainly showed last summer... when Kerri lost two days of school and
the law had to be involed....as you know she has no rights at all to
Kerri. there is no grandmothers rights in Ga.... or Pa.
So that is out of the question.... Hope this answers all your questions..
Kerri is doing great here at home and at school.......
Best requards
Mrs Tina Gaines
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 unworn
falsification to authorities.
Date:_ l0 -/-Qs
ADEBORVADA
Plaintiff
DEBORAH D. LEREW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. :No. 05-1454
TINA J. GAINES and
RODERICK KECK
Defendants : CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of
the foregoing document upon the person(s) and in the manner indicated below, which
service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by
depositing a copy of same in the United States mail, first-class, postage prepaid, as
follows:
Grace E. D'Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Date: 6 3 v
By: / , V
M. Clark, Esquire
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DEBORAH LEREW, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
TINA J. GAINES and
RODERICK KECK,
Defendants NO. 05-1454 CIVIL TERM
ORDER OF COURT
AND NOW, this 7"' day of December, 2006, upon consideration of the
Preliminary Objections of Defendant Gaines to Complaint in Custody of Deborah Lerew,
a hearing is scheduled for Wednesday, January 4, 2006, at 1 1:15 a.m., in Courtroom No.
I, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
?Thomas M. Clark, Esq.
130 West Church Street
Dillsburg, PA 17019
Attorney for Plaintiff
ace E. D'Alo, Esq.
MidPenn Legal Services
401 E . Louther Street
Carlisle, PA 17013
Attorney for Defendant Gaines
,,j derick Keck
184 Darr Avenue
Carlisle, PA 17013
Defendant, pro se
J. Wesley Oler, Jr., J.
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DEBORAH D. LEREW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. :No. 05-1454
TINA J. GAINES and
RODERICK KECK
Defendants : CIVIL ACTION - LAW
ORDER
AND NOW, this G'llL day of 2005, upon consideration of the
Praecipe to Withdraw the Custody Complaint filed in the above-captioned action, the hearing
scheduled for January 4, 2005 is hereby CANCELLED.
Distribution:
Thomas M. Clark, Esquire
Grace E. D'Alo, Esquire
es- 00-_?
BY THE COURT:
I
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Tild
DEBORAH D. LEREW,
Plaintiff
VS.
TINA J. GAINES and
RODERICK KECK
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-1454
CIVIL ACTION - LAW
PRAECIPE TO WITHDRAW CUSTODY COMPLAINT
Please withdraw the above-captioned Custody Complaint.
By:
Respectfully submitted,
WIL (;E S, COLGAN & MARZZACCO
Thomas M. Clark, Esquire
ID # 85211
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
Attorney for Plaintiff
Dated: /7, ) ti - r
DEBORAH D. LEREW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. :No. 05-1454
TINA J. GAINES and
RODERICK KECK
Defendants : CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class, postage prepaid, as follows:
Grace E. D'Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Date: ?L_ z v i By:
Thomas M. Clark, Esquire
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TINA J. GAINES, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
VS. NO. 05-1454 CIVIL ACTION LAW
RODERICK KECK and CUSTODY
DEBORAH LEREW,
Defendants
MOTION FOR ORAL ARGUMENT
Defendant, Tina J. Gaines, by and through her counsel, MidPenn Legal Services,
states the following:
1. On September 19 2008, this Court Ordered counsel in this matter to submit
briefs with respect to Plaintiff Gaines Preliminary Objections addressing the
issues of jurisdiction and venue.
2. Plaintiff Gaines filed a brief on September 23, 2008.
3. Defendants filed a reply brief on October 3, 2008.
4. Plaintiff Gaines respectfully requests oral argument prior to any further action
by this Court to resolve the questions of jurisdiction and venue.
WHEREFORE, Plaintiff Gaines respectfully requests that this Court schedule
this matter for a hearing on the issue of standing.
ectfully submitted,
ra a E. D'Alo
enn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
TINA J. GAINES,
VS.
RODERICK KECK and
DEBORAH LEREW,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
Defendants
: NO.05-1454 CIVIL ACTION LAW
: CUSTODY
CERTIFICATE OF SERVICE
I, Grace E. D'Alo, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Tina
Gaines, hereby certify that I have served a copy of the forgoing Motion for Oral
Argument on the following date and in the manner indicated below:
U.S. First Class Mail
Marcus A. McKnight, III
60 West Pomfret Street
Carlisle, PA 17013
Date: C-) (-'? L o-??
ace . D'Alo, Esquire
AdPAn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717)243-9400
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TINA J. GAINES : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LAW
RODERICK KECK and : NO. 1997-2143 and NO. 05-1454
DEBORAH LEREW
Respondent : IN CUSTODY
MOTION TO REFILE
MOTION FOR ORAL ARGUMENT
AND NOW, comes Plaintiff, by and through her attorneys, MidPenn Legal Services, and files
this Motion in the above-captioned cases:
1. Plaintiff Tina J. Gaines has been represented in two custody actions concerning the same
child, Kerri Keck.
2. Counsel for Plaintiff mistakenly filed a Motion for Oral Argument under Docket Number
05-1454. The Motion should have been filed under Docket Number 1997-2143.
3. The Complaint filed under Docket Number -5-1454 was vacated.
WHEREFORE, Plaintiff requests this Court to direct the Prothonotary to file
Petitioner's Motion for Oral Argument and its attached Order filed under Docket No. 5-1454
to be filed at Docket No. 97-2143.
Respectfully Submitted,
Gra E. D' Alo
Mid nn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
TINA J. GAINES
Plaintiff
V.
RODERICK KECK and
DEBORAH LEREW
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 1997-2143
: IN CUSTODY
AFFIDAVIT OF SERVICE
The undersigned certifies that a true and correct copy of the memorandum of law within was
served this day by U. S. First Class Mail, postage pre-paid, upon the following:
Marcus McKnight
Irwin & McKnight
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
Date: (U 1 1 -7 (0'??
Hubert Gilroy
Martson Law Offices
10 East High Street
Carlisle, PA 17013
I n b_Q
Legal Services
401 E. Louther Street
Carlisle, PA 17013
D' Alo
n
TINA J. GAINES,
VS.
RODERICK KECK and
DEBORAH LEREW,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff
PENNSYLVANIA
NO. 05-1454 CIVIL ACTION LAW
Defendants CUSTODY
ORDER OF COURT
AND NOW, this day of , 2006, upon consideration of
the attached Motion, a hearing on the issue of standing is scheduled for oral argument on
_, 2008, at _:_ _.m. in Courtroom 1, Fourth Floor, Cumberland
County Courthouse, Carlisle, Pennsylvania.
By the Court,
J. Wesley J. Oler, Jr., Judge
Distribution:
Grace E. D'Alo, Esquire
MidPenn Legal Services
401 East Louther Street
Carlisle, PA 17013
Marcus McKnight, Esquire
60 West Pomfret Street
Carlisle, PA 17013
TINA J. GAINES, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
vs. NO. 05-1454 CIVIL ACTION LAW
RODERICK KECK and CUSTODY
DEBORAH LEREW, :
Defendants
MOTION FOR ORAL ARGUMENT
Defendant, Tina J. Gaines, by and through her counsel, MidPenn Legal Services,
states the following:
1. On September 19,2008, this Court Ordered counsel in this matter to submit
briefs with respect to Plaintiff Gaines Preliminary Objections addressing the
issues of jurisdiction and venue.
2. Plaintiff Gaines filed a brief on September 23, 2008.
3. Defendants filed a reply brief on October 3, 2008.
4. Plaintiff Gaines respectfully requests oral argument prior to any further action
by this Court to resolve the questions of jurisdiction and venue.
WHEREFORE, Plaintiff Gaines respectfully requests that this Court schedule
this matter for a hearing on the issue of standing.
ectfully submitted,
Gra e E. D'Alo
NV d enn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
U. 0 7
TINA J. GAINES, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
vs. NO. 05-1454 CIVIL ACTION LAW
RODERICK KECK and CUSTODY
DEBORAH LEREW,
Defendants
CERTIFICATE OF SERVICE
I, Grace E. D'Alo, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Tina
Gaines, hereby certify that I have served a copy of the forgoing Motion for Oral
Argument on the following date and in the manner indicated below:
U.S. First Class Mail
Marcus A. McKnight, III
60 West Pomfret Street
Carlisle, PA 17013
Cl 5? J1,-)o
Date:
CJ
ace . D'Alo, Esquire
A n Legal Services
401 East Louther Street
Carlisle, PA 17013
(717)243-9400
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