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HomeMy WebLinkAbout06-1449 HEATHER RENEE KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- f-I'N CIVIL TERM SHANE MARCUS TURNER, Defendant CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Heather Renee Keister, hereinafter referred to as Mother. Mother resides at 32 Center Street - Lot 18, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Shane Marcus Turner, hereinafter referred to Father. Father mailing address is believed to be 8 Turner Lane, Shermansdale, Perry County, Pennsylvania 17090, but it is believed that he resides at 571 East 4th Street, Newport, Perry County, Pennsylvania. 3. Mother seeks primary physical custody of the minor child: Name Marcus Keister Present Residence 571 East 4th Street Newport, P A Age 12/19/01 DOB, 4 years old Marcus was born out of wedlock. Marcus is in Mother's custody. During his lifetime, Marcus has resided with the following persons and at the following addresses: Name Address Date Harrisburg Hospital Hershey Hospital birth -- 6/02 Heather Keister Shane Turner Kristie Keister I 03H Perry Manor Newport, P A 6/02 .- 6/02 Heather Keister Kristie Keister 103H Perry Manor Newport, P A 6/02 -- 10/04 Heather Keister Jeff Walters Kristie Keister Heather Keister Jeff Walters Kristie Keister Heather Keister Kristie Keister Shane Turner Tracey Stone Randy Stone Jessica Zimmerman Shy Shive Kayla Clay Joshlyn Stone Shane Turner Tracey Stone Randy Stone Jessica Zimmerman Shy Shive Kayla Clay Joshlyn Stone Heather Keister Kristie Keister 36 Mill Street - Lot 1 Mount Holly Springs, P A 32 Center Street - Lot 18 Mount Holly Springs, P A 571 East 4th Street Newport, P A 571 East 4th Street Newport, PA 32 Center Street - Lot 18 Mount Holly Springs, P A 10/04 - 10/05 10/05 - 2/23/06 2/23/06 - 2/25/06 2/25/06 - 3/2/06 3/2/06 - present 5. Mother currently resides with the following persons: Name Relationship Kristie Keister Marcus Keister Daughter from prior relationship Parties' son 6. It is believed that Father lives with the following persons: Name Tracey Stone Randy Stone Jessica Zimmerman Shy Shive Relationship Friend Friend's Husband Tracey's daughter Tracey's daughter Kayla Clay Joshlyn Stone Tracey's daughter Tracey's daughter 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Marcus in this or another court. 8. Mother has no information of a custody proceeding concerning Marcus pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Marcus or claims to have custody or visitation rights with respect to Marcus. 10. The best interest and permanent welfare of Marcus will be served by granting the relief requested for reasons including, but not limited to the following: a. Mother is presently able to provide for Marcus by giving him a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs and she has done so since Marcus was born. b. Since Marcus was born, Mother has been the parent responsible for his daily needs and did so with minimal assistance from Defendant. c. Marcus spent the first six months of his life in the hospital because of medical problems. Mother stayed in the hospital with Marcus and has been the parent to attend to any further medical issues that have arisen since that time. d. Mother recognized developmental and behavioral problems that Marcus was having. She enrolled him in a Headstart program and a therapy program through the Intermediate Unit to address these problems and bring Marcus on a par with his peers. 11. Father has not acted in Marcus's best interests in ways including but not limited to the following: a. On or about February 25, 2006, Father asked Mother ifhe could have Marcus for a visit. Despite an agreement as to when Mother would return to pick up Marcus, Defendant refused to return Marcus to Mother until March 2, 2006. b. Defendant has been inconsistent in regard to visits with Marcus during the past four years and has never been Marcus's primary caretaker. c. Marcus has had serious medical problems since birth, requiring him to stay hospitalized the first six months of his life. Father did not stay at the hospital during that time and has never cared for Marcus during the times when he has been sick. d. Upon Marcus's return home from the hospital, Father became frustrated with the changes in the home and swallowed a bottle of pills in front of Mother and Marcus. Father was transported by ambulance to the hospital and Mother asked Father to leave the residence permanently. e. Marcus's medical problems require use of a nebulizer as needed, especially when exposed to cigarette smoke. Father lives in a home with a nwnber of adults who smoke indoors and he does not have a nebulizer. f. Father has had no involvement in Marcus's Headstart or Intermediate Unit programs necessary to address speech and behavioral issues that Mother recognized as problems and sought to resolve. g. Father is believed to live in a three-bedroom home with a family of six. Mother believes that when Marcus stays with Father, Marcus sleeps on hardwood floors and she feels that this is not an appropriate environment for a long-term situation. Mother is concerned that Father cannot provide for the daily needs of a four-year- old child. h. During a telephone conversation, Father warned Mother that if she tried to get Marcus back, he would kill her. l2. Every person with rights to custody or having actual physical custody of Marcus has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Marcus. 2. That Mother shall have primary physical custody of Marcus. 3. That Father shall have periods of partial custody on alternating weekends, from Friday evening until Sunday evening at times agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with Marcus while he is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Marcus during various holidays. 6. Any other relief this Court finds just and equitable. submitted, Je sica Holst, Esquire M'dPenn Legal Services 40 lEast Louther Street Carlisle, P A 17013 (7l7) 243-9400 VERIFICATION The above-named PLAINTIFF, Heather Renee Keister, 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. 94904, relating to unsworn falsification to authorities. Date: N~\A rl~ Heat er Renee Keister HEATHER RENEE KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- CIVIL TERM SHANE MARCUS TURNER, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Shane Marcus Turner with a Complaint For Custody on ~/l.Ai,L, IS , 2006 by certified mail, return receipt, restricted delivery, to the person and address below: Shane Marcus Turner 8 Turner Lane Shermansdale, P A 17090-8320 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 l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3. I)' OV Signature: o HEATHER RENEE KEISTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- ('-f<-lq CIVIL TERM SHANE MARCUS TURNER, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Heather Keister, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma Qill!ill'ris, certify that 1 believe the party is unable to pay the costs and that I am providin free legal services to the party. Je sica Holst, Esquire idPenn Legal Services 401 East Louther Street Carlisle, P A 17013 (7l7) 243-9400 HEATHER RENEE KEISTER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-1449 CIVIL ACTION LA W SHANE MARCUS TURNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, __._.--Iuesday, March 21, 2006 ._.._._' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq, , the conciliator, at 4th Floor, Cumberlan.<l.<::().~.I\tl.<::()~rt~(}\)~~,.<:arlisle. on __ Thursday,-~p..i!.2?,_2006_._.__._ at 8:30 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 detlne and narrow the issues to be heard hy 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 permanent order. The court herehy directs the parties to furnish any nnd nil existing Protection from Abuse orders, Specinl Relief orders, and Custody of'ders to the concilintor 48 hours prior to scheduled henrin!!, FOR THE COURT, By: Isl Hubert ~. Gilrov, Esq. Custody Conciliator --f' 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 accessihle facilities and reasonablc 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 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~-4-y'J7'- " /h? ...... /'?r' ~7 ':V' cc [' . ~ Z l17"!Mf~':< 1()' C't='. [ 57/' frl/;Z /"fJ~?U/ ~~ J /'~ -/t? cc ( r1C-.n W1 1", '" "'J ~,:. Ii Z"J lj'''' I rr,'~ ~ '.-' (" -' i 'I J OJ ,;;... ,1:,'.)t.. HEATHER RENEE KEISTER, Plaintiff [';. ,~-; (:._.,,........../.'.r<~Y)'Il.. . , ~, ".c.J I) MAY 0 3 1006~J IN THE COURT OF COMMON ;~~AS OFJ,=-- CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION . LAW SHANE MARCUS TURNER, Defendant NO. 06-1449 IN CUSTODY COURT ORDER ll- AND NOW, this ~ day of ~, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Heather Renee Keister, and the father, Shane Marcus Turner, shall enjoy shared legal custody of Marcus Keister, born December 19, 2001. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Friday evening till Monday evening. b. At such other times as agreed upon by the parties. 4. The parties shall alternate or share major holidays as they agree. However, for Christmas the mother will have the child on Christmas morning with the father having the child on Christmas afternoon. 5. Both parents shall have the ability to take the child for a one week vacation during the summer months as long as they give the other parent adequate notice of the schedule. 6. The parties may modify this Custody Order as they agree. Absent an agreement, this Order shall control. If any party desires to modify this Order, that party may Petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. BY THE COURT, J....~ ~ u.\ ~ cc~ce E. D' Alo, Esquire ,.,sfume Marcus Turner . \fINVt\lASNN3d It "n\~,'; 0'."c('!'..::;c"^'n" fUJ...., I ..,' ", " ,1.J_c.':JV't V S I :B IoIV S- AVW 900l AI:JVIONOHIOdd 3Hl :JO 301:J:\Q-Cl31l:! . , , .. HEATHER RENEE KEISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW SHANE MARCUS TURNER, Defendant NO. 06-1449 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Marcus Keister, born December 19, 2001. 2. A Conciliation Conference was held on April 27, 2006, with the following individuals in attendance: The mother, Heather Renee Keister, with her counsel, Grace E. D' Alo, Esquire, and the father, Shane Marcus Turner, who appeared without couusel. 3. The parties agree to the entry of an Order in the form as attached. ~( J-(D ttJ DATE Hubert X. Gilroy, quire Custody Con . . r