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Home My WebLink About05-6305 .' JUTTA BINGERT-KEISTER Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, DS - &,305 (}'-';'LL ~'tI2....1 CIVIL ACTION - CUSTODY DENNIS L. KEISTER Defendant COMPLAINT FOR CUSTODY AND NOW, comes Petitioner, Jutta Bingert-Keister, by and through her attorney, Mark A. Mateya, and respectfully represents: ], The Plaintiff is Jutta Bingert-Keister who presently resides at 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, 2, The Defendant is Dennis L. Keister, presently residing at 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, 3. Plaintiff seeks custody of the following child: Name Present address Age DOB Patric S, Keister 38 Honeysuckle Drive Mechanicsburg, P A 17050 7 4/14/98 4, The child was not born out of wedlock. 5. The child is presently in the custody of Jutta Bingert-Keister and Dennis L. Keister, who presently resides at 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, 6. During the past five (5) years the child has resided with the following persons at the following addresses: a, At 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, PA with Jutta Bingert-Keister and Dennis L. Keister. .. 7, The mother ofthe child, Jutta Bingert-Keister, is currently residing at 38 Honeysuckle Drive, Mechanicsburg, Pennsylvania, and she is married, 8, The father of the child is Dennis L. Keister, who is currently residing at 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, and he is married, 9, The relationship ofthe Plaintiffto the child is that of natural mother. The Plaintiff currently resides with the Child and the Defendant. 10, The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the Child and Plaintiff. 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 any other Court, 12, Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth or any other state. 13, Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 14, Mother intends to relocate with child to Germany, Father is in agreement with Mother and Child relocating to Germany, 15. A Custody Stipulation and Agreement entered into by and between the parties is being filed contemporaneously herewith. 16, The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is the mother of the child; - 2 - . b. Plaintiff has been the primary care giver of the Child since birth until the present; c, Plaintiff can adequately provide for the well being ofthe Child; d, Both Mother and Child are familiar with Mother's new intended residence in Germany; Child has visited the intended residence with Mother on nine (9) separate occasions; e. Father has visited with Mother and Child at the intended residence of Mother in Germany; f Mother has familial relatives at the intended residence in Germany; g. Child is familiar with Mother's family in Germany at the intended residence; h, Child speaks and understands the German language fluently; 1. Father is in full agreement with Mother's intended residence in Germany; j, Mother and Father contemplate Father's visits to Mother and Child in Germany. - 3 - WHEREFORE, Plaintiff requests this Honorable Court to grant primary physical custody of the child to Plaintiff. Respectfully submitted, Dated: \ 7.1 i(O<: l!:.~",~ Attorney LD, No. 78931 P,O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff - 4 - VERIFICATION I, Jutta Bingert-Keister, verifY that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. r understand that false statements herein are subject to the penalties of 18 Pa, C,S, S4904, relating to unsworn falsification to authorities. ,~ /t<~~/. ~~ ~ ,jJUTTA BINGERT-KEISTER DATED: i 1. .,. ;lO()!; C:\MARK\ClientsIBingert_ Keister\CUSTODY,Com. wpd - 4 - p ~ ~ r" ._~ #- 1 "- , "- ;".'; :---- - V[ co:. ~ ()- D ~ -J ;".. ('--' ?-- :e -----<..7---... v' t JUTT A BINGERT -KEISTER Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Os- ~3o.s CUL{'T02./ CIVIL ACTION - CUSTODY DENNIS L. KEISTER, Defendant STIPULATION REGARDING CUSTODYNISITATION Plaintiff Jutta Binger-Keister, hereinafter referenced as "Mother," and Defendant Dennis L. Keister, hereinafter referenced as "Father," hereby agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to Patrie S. Keister, born April 14, 1998, hereinafter referenced as "Child". WHEREAS, the parties desire the provisions of the present Child Custody Stipulation and Agreement to be approved by Your Honorable Court and entered as a Court Order with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW, THEREFORE, with the foregoing incorporated by reference, and intending to be legally bound, and in consideration of the mutual promises and agreements contained here, the parties agree as follows: I. Mother and Father will share legal custody ofthe child as defined in 23 Pa. C.S.A. ~5302. All decisions affecting the child's growth and including but not limited to medical treatment, education and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. ~5309(a), each parent shall have full and complete access to the child's mental, dental, religious and school records. This includes the names, , ~ ~' addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary physical custody of the child subject to such times of partial physical custody with the Father as the parties mutually agree. 4. The parties shall have reasonable telephone and e-mail contact with the Child while in the other's custody. 5. Neither party shall make any disparaging remarks regarding the other party in the presence of the Child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the Child. 6. Any modification or waiver of any ofthe provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement of the parties. 7. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother's attorney is Mark A. Mateya, Esquire. Father is unrepresented by an attorney. 8. This agreement is made with the understanding that Mother intends to relocate out of the United States to Germany. Father agrees with this move. . ~ .. ' 9. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. JL-l<l.oo~ Date ~ /5-~ .~/- 4~ (~ utta Bingert-Keister ('l -70" Date /],L:oc (( l. 1 ~.......- /);(J.' ~- ~ Witness , v' /:J.-)-oS 4/Z/ Dennis L. Keister Date n!!?! ~/ O~) Date ~1et Nt AI $ ) filtij ~ ~ _ Witness C:IMARKIClientslBingert-KeisterICustody.Sti. wpd - <- ..~ .' JUTT A BINGERT -KEISTER Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. DS- ~:?,'OS C,-u~L ~8-1 CIVIL ACTION - CUSTODY DENNIS L. KEISTER Defendant COMPLAINT FOR CUSTODY AND NOW, comes Petitioner, Jutta Bingert-Keister, by and through her attorney, Mark A. Mateya, and respectfully represents: 1. The Plaintiffis Jutta Bingert-Keister who presently resides at 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is Dennis L. Keister, presently residing at 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: Name Present address Age DOB Patrie S. Keister 38 Honeysuckle Drive Mechanicsburg, P A 17050 7 4/14/98 4. The child was not born out of wedlock. 5. The child is presently in the custody of Jutta Bingert-Keister and Dennis L. Keister, who presently resides at 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. During the past five (5) years the child has resided with the following persons at the following addresses: a. At 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, PA with Jutta Bingert-Keister and Dennis L. Keister. 7. The mother ofthe child, JuttaBingert-Keister, is currently residing at 38 Honeysuckle Drive, Mechanicsburg, Pennsylvania, and she is married. 8. The father of the child is Dennis L. Keister, who is currently residing at 38 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, and he is married. 9. The relationship ofthe Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the Child and the Defendant. 10. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the Child and Plaintiff. 11. The Plaintiffhas not participated as a party or witness, or in another capacity in other litigation concerning the custody of the child in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. Mother intends to relocate with child to Germany. Father is in agreement with Mother and Child relocating to Germany. 15. A Custody Stipulation and Agreement entered into by and between the parties is being filed contemporaneously herewith. 16. The best interest and permanent welfare of the child will be served by granting the reliefrequested because: a. Plaintiff is the mother of the child; - 2 - b. Plaintiff has been the primary care giver of the Child since birth until the present; c. Plaintiff can adequately provide for the well being of the Child; d. Both Mother and Child are familiar with Mother's new intended residence in Germany; Child has visited the intended residence with Mother on nine (9) separate occasions; e. Father has visited with Mother and Child at the intended residence of Mother in Germany; f. Mother has familial relatives at the intended residence in Germany; g. Child is familiar with Mother's family in Gernlany at the intended residence; h. Child speaks and understands the German lan.guage fluently; 1. Father is in full agreement with Mother's intended residence in Germany; J. Mother and Father contemplate Father's visits to Mother and Child in Germany. - 3 - . WHEREFORE, Plaintiff requests this Honorable Court to grant primary physical custody of the child to Plaintiff. Respectfully submitted, Dated: \ 7.( 1(0<; ~A~;ffiY~ Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff - 4 - VERIFICATION I, Jutta Bingert-Keister, verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. / ~1 ~ /t..' /C/' "\, JUTTA BINGERT-KEISTER DATED: 12..-,- J.OCl-S C :IMARKIClientslBingert- KeisterlCUSTODY .Com.wpd - 4 - - \:J ~ P 'ft :::::. "- ~ .V( -- }J \) 2 ~-J ?- ~ ~~ t?- -t-- --L., I,: !l ,~') '--,,\\ \,d,. . \.....::, . . 1 '.. cJ , ", f':: -, C/ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA NO. Os- ~3o.s CUL{'-T02./ CIVIL ACTION - CUSTODY JUTTA BINGERT-KEISTER Plaintiff DENNIS L. KEISTER, Defendant STIPULATION REGARDING CUSTODYNISITATION Plaintiff Jutta Binger-Keister, hereinafter referenced as "Mother," and Defendant Dennis L. Keister, hereinafter referenced as "Father," hereby agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to Patric S. Keister, born April 14, 1998, hereinafter referenced as "Child". WHEREAS, the parties desire the provisions of the present Child Custody Stipulation and Agreement to be approved by Your Honorable Court and entered as a Court Order with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW, THEREFORE, with the foregoing incorporated by reference, and intending to be legally bound, and in consideration of the mutual promises and agreements contained here, the parties agree as follows: 1. Mother and Father will share legal custody ofthe child as defined in 23 Pa. C.S.A. ~5302. All decisions affecting the child's growth and including but not limited to medical treatment, education and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. ~5309(a), each parent shall have full and complete access to the child's mental, dental, religious and school records. This includes the names, .' addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary physical custody of the child subject to such times of partial physical custody with the Father as the parties mutually agree. 4. The parties shall have reasonable telephone and e-mail contact with the Child while in the other's custody. 5. Neither party shall make any disparaging remarks regarding the other party in the presence of the Child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the Child. 6. Any modification or waiver of any of the provisions of this Agreement ofthe parties shall be effective only if made in writing and only if executed with the same formality ofthe Agreement of the parties. 7. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother's attorney is Mark A. Mateya, Esquire. Father is unrepresented by an attorney. 8. This agreement is made with the understanding that Mother intends to relocate out of the United States to Germany. Father agrees with this move. " 9. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. JL-,-;lOo~ Date utta Bingert-Keister (L-T ",' u~ 11 ' t /ilcv.-l( l, Witness ));1<;1:~ ,~ Date ,,' /:J.-)-oS iJ/z/- Dennis L. Keister Date ~( 7/02) Date ':0(fiAl\A\$) ~ ~Q - Witness C:IMARKIClientslBingert- Keister\Custody.Sti. wpd 12,08/2005 15:17 FAX 7172413099 UARK ~IATEYA Eq IQ 002 J\ DEe (1 8 2005r '. . '. .." v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0') (p 39 s-' JUTT A BINGERT -KEISTER Plaintiff DENNIS L. KEISTER, Defendant CIVIL ACTION - CUSTODY ORDER ANDNOWthiS~daYOf ~ ,2005, upon consideration of the Stipulation Regarding CustodyNisitation entered into by and between the parties herein, IT IS HERKBY ORDERED AND DECREED AS FOLLOWS: 1 Mother and Father will share legal custody of the children as defined in 23 Pa. C.s.A, ~5302, All decisions affecting the children's growth and including but not limited to medical treatment, education and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. CS.A. ~5309(a), each parent shall have full and complete access to thc children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary physical custody of the child subject to such times of partial physical custody with the Father as the parties mutually agree. 4. The parties shall have reasonable telephone and e-mail contact with the Child while in the other's custody. 5. Neither party shall make any disparaging remarks regarding the other party in the presence ofthe Child. Additionally, neither party shall permit third persons to make disparaging 12,08'2005 15:1i F~X i1i2~13099 M~RK MATEYA Eq IiiJ 003 I .' . remarks concerning the other party in the presence of the Child. 6. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same fonnality of the Agreement ofthe parties. 7. The parties hereto aclmowledge that they have had the opportunity to consult an attQmey prior to executing this Agreement. Mother's attorney is Mark A. Mateya, Esquire, Father is unrepresented by an attorney. 8. This agreement is made with the understanding that Mother intends to relocate out of the United States to Germany. Father agrees with this move. 9. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court J. fl- 'i-us o ' L~ ~~A- :J€ u