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Home My WebLink About05-2509 KENNETH BARRY QUEEN, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYL VANIA NO. 05- .25 -o? CIVIL TERM LINDSAY ELIZABETH BAKER, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Kenneth Barry Queen, hereinafter referred to as Father. Father's permanent residence is 13 Graystone Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Lindsay Elizabeth Baker, hereinafter referred to as Mother, residing at 210 Gull Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3, Father seeks a schedule for periods of partial custody of the minor child: Name Cooper Landen Baker Present Residence Age 210 Gull Court 9/17/04 DOB, 8 months old Mechanicsburg P A 17055 The child was born out of wedlock. The child is presently in the custody of Mother. 4. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Lindsay Elizabeth Baker 210 Gull Court birth - present Mechanicsburg P A 17055 5. The Father currently resides with the following persons: Name Relationship Desirey Bender Fiancee Walter Bender Fiancee's father Lurie Bender Fiancee's step-mother Shaley Bender Fiancee's sister 6. It is believed that Mother currently resides with the following persons: Name Cooper Landen Baker Relationship Son with Father 7. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe child in this or another court. 8. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Father does not know of a person not a party to the proceedings who has physical custody ofthe child or claims to have custody or visitation rights with respect to the child. 10, The best interest and permanent welfare of Cooper will be served by granting the relief requested for reasons including, but not limited to the following: a) Father has a stable home environment that is safe and appropriate for periods of partial physical custody with Cooper. b) Father lives with his fiancee's family who are willing to open their home to Cooper and help Cooper develop a relationship with this portion of his extended family. c) Father is willing to communicate with and work cooperatively with Mother to co-parent Cooper and will encourage both the mother/son and father/son relationships. d) Father has extensive experience working with infants and young children in a daycare environment and is more than capable to exercise periods of partial custody of Cooper for extended periods of time. e) Mother has not acted in the best interest of Cooper in ways including but not limited to the following: i) Mother has denied Father all contact with Cooper. ii) Mother prevents the healthy development of a bond between Father and Cooper by refusing to allow them to have regular contact with each other. iii) Father fears that without a custody order in place, Mother will continue to deprive him of any contact with Cooper, which will cause difficulty in trying to develop a father/son relationship. 11. 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, the Father requests this Court to grant the following relief: a) Grant the parties shared legal custody of the child. b) Grant Mother primary physical custody of the child c) Grant Father periods of partial custody: 1. From 9:00 a.m. until 5:00 p.m. on his two days off of work each week. 2. Every Sunday from 9:00 a.m. until I :00 p.m. 3. Alternating Saturdays from 9:00 a.m. until I :00 p.m. d) Establish an appropriate holiday schedule to allow each parent time with the child. e) Any additional reliefthis Court finds just and proper. RespectfUIIY~~, / I ( -'j essica Di ondstone Attorney or Father Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, KENNETH BARRY QUEEN, 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. 34904, relating to unsworn falsification to authorities. Date: "it, /1/, J / KENNETH BARRY QUEEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05- CNIL TERM LINDSAY ELIZABETH BAKER, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Lindsay Elizabeth Baker with a Complaint For Custody on IV, f1cv1 delivery, to the person and address below: , 2005 by certified mail, return receipt, restricted Lindsay Elizabeth Baker 210 Gull Court Mechanicsburg PA 17055 I, Jessica Diamondstone, 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: _\ \.D Mu'1 Joo; Signature: _~~7 ..-- / .--. / (' ,-., "'\ o ~J --! f....' ~:':) c;:-} ..:...I'" o 'T1 ~ .; -Tj .,;-- G V'\ ~. -"0' 01 ,., if) C ~ , :....:: {'-., '-,0 o KENNETH BARRY QUEEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05- ::? jV '1 CIVIL TERM LINDSAY ELIZABETH BAKER, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Kenneth Barry Queen, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. ~/ Jessica D' ondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 /' -, r......' C':;) 0 C'~) ~n ',~;'l :::::! i;;~l -",", , :." CT. C") - KENNETH BARRY QUEEN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 05-2509 CIVIL ACTION LA W LINDSA Y ELIZABETH BAKER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 19, 2005 , 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, C"-l1!berl,and County Courtho,lIs",c=~rlisl,e_ on Tuesday,J_u.ll.e}.4,2~0()5 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanen! 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/ Tacqueline M. Verney, E~, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs 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 TH1S PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE 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 SOllth Bedford Street Carlisle, Pennsylvania 170 i3 Telephone (717) 249-3166 - ~ c4;"''1-'l1 ~ ; r7~~7 jG? Or')-' -~ P' /-p'V>V r~ _So <Jr'I ',5' /'f' ftZ7~. .-p:r~' 4:49 --!-'!~)_c;v or.y r,:"" 1'1 I' 1.1;. , : ,~~ , ~ECEIVED SEP 0 120~~ V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2005-2509 CIVIJl. TERM KENNETH BARRY QUEEN, Plaintiff LINDSAY ELIZABETH BAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this , .. day of J?r;e..M./ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 29, 2005 is hereby vacated. 2. Mother, Lindsay Elizabeth Baker, shall have sole legal custody of Cooper Landen Baker, born September 17,2004. 3. Mother shall have primary physical custody of the Child. 4. Father shall have periods of physical custody as agreed by the parties. 5. This Order is entered pursuant to 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, -/ .4d J. ccvkssica Diamondstone, Esquire, Mid Penn L gal Servic(:s, Counsel for Father ~stopher T. Smull, Esquire, Counsel for other .J . AU,Y':"I" 'J'J 62 : I lid 9- d3S SUUl ^bV1Gi\,'~>H;.C:'id 3HJ. .:to :D!++:.>'(l31!:J ~ KENNETH BARRY QUEEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-2509 CIVIL TERM LINDSAY ELIZABETH BAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cooper Landen Baker September 17, 2004 Mother 2. A Conciliation Conference was held in this matter on September 1,2005, with the following individuals in attendance: Father's counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services and the Mother, Lindsay Elizabeth Baker, with her counsel, Kristopher T. Smull, Esquire, Father did not appear. 3. The Honorable Kevin A, Hess entered an Order of Court dated June 29, 2005 providing for shared legal custody, Mother having primary physical custody and Father having periods of phased in supervised visitation. Father did not exercise any visitation pursuant to the June 29, 2005 Order of Court. 4. Mother requested an Order in the form as attached. q- ( -0 ~ Date ~~- d..-JI M I/~eff ~. Verney, Esquire Custody Conciliator