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HomeMy WebLinkAbout94-01625 a ~1 11)1 cu' ~! ~ i i ~ , lc)1 \; I , i l~i . I , I ~' ........... "" MAY , 6 S4 d,,,- LINDA HUN'l', Plaintiff :IN 'l'HE COUR'l' OF COMMON PLEAS OF :CUMBERLAND COUN'l'Y, PENNSYLVANIA v . . :NOS. 94~1625 AND 90-4404 '"r.. ,..- .-, , . . LEE KBESEHAN, JR., Defendant . . :CIVIL AC'l'ION - CUSTODY COUR'l' ORDER AND NOW, this ,t.'" day of r1?~ , 1994, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on 'l'hursday, July 14, 1994, at 9:30 A.M. at which time testimony will be taken in this case. At this Hearing, the Father, Lee Keeseman, Jr., shall be the moving party and shall proceed initially with testimony. Council for the parties shall file with the Court and opposing council a Memorandum setting forth each party's position on custody and also setting forth a list of witnesses that will be called to testify at this Hearing along with a summary of the anticipated testimony of each witness. 'l'his Memorandum shall be filed at least ten days prior to the Hearing date. 2. Pending said Hearing, this Court's prior Order of April 14, 1994, shall remain in effect subject to the following modifications: A. Each party shall be afforded at least one week of summer vacation with the minor children which time shall be provided to the other party in writing at least thirty days prior to the week the party wants a specific period of vacation. B. 'l'ransportation shall be handled by the non-custodial parent picking the children up either at the babysitter or at the Riverside Store in Shermansdale pursuant to the prior Order. C. Pending the Hearing, Father shall have the child on Memorial Day from 9 A.M. until 7 P.M. and Mother shall have the child on July 4th from 9 A.M. until 7 P.M., unless agreed otherwise by the parties. ~. ! HAY /7 8 iJZ ~H '9~ 'I iG€ OF -ill~ ,: :~::n...r,r",,), CUJ.::,C;1 .\trD C(~1}~Ir" !-'( 1:.\- ,') i I. 'tl' '(!t .... . .. 3. 2'he Mother shall have custody of the mlnor chl1dren on Mother's Day from 9 A.M. untl1 8 P.M. and the Father shall have custody of the mlnor chl1dren on Father's Day for the same tlme frame. In 11ght of the current Custody Order, the Father's time ln June on Father's Day on Sunday shall be ln 11eu of hls one Sunday day of custody durlng the month, and Father shall be afforded one Sunday durlng the day of custody ln May to make up for the Mother's Day that Mother wl11 have the chl1dren durlng the day on Sunday. Father shall have custody durlng the day on May 1 and on June 19 ln accordance wlth thls Order. BY 2'HE COUR2', ,/ 44 cc: Robert J. Mulderlg, Esqulre Joan E. Carey, Esqulre Judge evln A. Hess f-I7''ffr. (' I fUtJ f-tc:L '-~ -f--~~ '-.;;'.-.,,- v : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NOS. 94-1615 AND 90-4404 : . - . LINDA HUNT, Plaintiff LEE KEESEHAN, JR., Defendant . . :CIVIL ACTION - CUS'l'ODY PRIOR JUDGE: JUDGE KEVIN A. HESS CONCILIATION CONPBRENCB SUHHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 . The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nicole M. Keeseman, born February 16, 1989, and Devin L. Keeseman, born August 6, 1990. 2. A Conciliation Conference was held on April 28, 1994, with the following individuals in attendance: The Mother, Linda Hunt, with her counsel Joan Carey, Esquire, and the Father Lee Keeseman, Jr., with his counsel, Robert Mulderig, Esquire. 3. The parties are at odds with respect to a permanent Custody Order. The older child will be starting school in September. The Mother lives in Perry County and the Father lives in Carlisle. The Father desires to maintain primary custody of the minor children and the Mother desires the same. A Hearing is required. The parties were able to reach an agreement to modify the temporary Order which was previously issued by the Court. 4. The Conciliator recommends an Order in the form as attached. SlrO/N 7JATE 06>> ~ Hubert X. Gilroy, Es uire Custody Conciliator - ,- ~~~rr;"::;5;:~~;:;~';~"'f ....", "-, - . ~,".'" ,. .. LINDA L. HUNT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNSYL VANIA NO. 94 - 1625 CIVIL TERM Plaintiff v. LEE D. KBBSEMAN, JR., Defendant . . : PROTECTION FROM ABUSE AND CUSTODY PROTECTIVE ORDER AND NOW, this 1'," day of April, 1994, upon consideration of the consent agreement of the parties made in open court, the following Order is entered: 1. The defendant, Lee D. Keeseman, Jr., is enjoined from physically abusing the plaintiff, Linda L. Hunt, and/or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff. 4. The defendant is prohibited from entering the plaintifrs place of employment. 5. The defendant is ordered to stay away from the plaintifrs residence located at Lupfer's Grove, P.O. Box 14, Shermans Dale, Perry County, Pennsylvania, which the parties have never shared. 6. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 7. This Order shall remain in effect for a period of one year. 8. The Pennsylvania State Police at the Newport Barracks in Perry County shall be , provided with a certified and registered copy of this Order by the plaintiff and may enforce this -- "., " I j_l,~ 1 '~ .; , . ;;: . i ~ i I :~ \~~:~,i-r~f',~''';~~~f - Order by arrest for Indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. I 6113). By the Court, /1#- . ..;,.~-~;-.', ,-.~,' ",. ......... >"';"""- 1~1~;..Jf't~,..~j~t~~~ .,.........1. ..".]. .~_:"' . .., LINDA L. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - l62S CIVIL TERM LEE D. KEESEMAN, JR., Defendant . . : PROTECTION FROM ABUSE AND CUSTODY LINDA L. HUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 90 - 4404 CIVIL TERM LEE D. KEESEMAN, JR., Defendant CUSTODY IVISITA TION TEMPORARY CUSTODY ORDER AND NOW, this 1'1" day of April, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, Nicole Michelle Keeseman and Devin Lee Keeseman. I. The plaintiff, Linda L. Hunt, shall have custody of the children from each Thursday at S:OO p.m. until Sunday at 8:00 p.m. 2. The defendant, Lee D. Keeseman, Jr., shall have custody of the children from each Sunday at 8:00 p.m. until Thursday at S:OO p.m. However, during the week beginning on the second Sunday of every month, the defendant's period of custody shall extend from Sunday at 8:00 a.m. until Thursday at S:OO p.m. 3. The defendant shall be responsible for transporting the children to and from the Riverside Store in Shermans Dale, Perry County, Pennsylvania, where the above-stated custody exchange shall take place. -' 4. The mother and father shall notify each other of all medical care the children receive while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. S. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. 6. This Temporary Custody Order shall remain in effect pending any Order which may be entered fonowing the parties' Pre-Hearing Custody Conference, which is scheduled for April 28, 1994. By the Court, \~~ ~, , , , , ,... ,- ,. , V 'I \ , . '. I'..,',.,....","'""."..,,, :,.':.L.~+."T ':",'.!I'j;l'i?; .- i ~l." , '" LINDA HUNT, Plalntur : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. . . : CIVIL ACTION. LAW : NO. <<04 CIVIL 1990 LEE KEESEMAN, JR., Defendant . . : CUSTODY/VISITATION ORDER OF COURT AND NOW, thIa day of , 1994, upon review of the attached Petition for Speclal ReUef, It is ordered and directed that the Mother, LInda L. Hunt, ahaIJ return the children, Nicole M. Keeseman, born February 16, 1989; and Devin L. Keeaeman, born August 6, 1990, to their residence at 47 Betty Nelson Court, Carlisle, Pennsylvania. A Custod,y Complaint has been flied ,J. In this C8lIe and the Father, Lee Keeseman, Jr., is awarded temporary physical custody of the children pending..Ltl ...hllRe aCth. Ilfthl) ~...u~t;;'lJul.~hae' I:,fII1'~ ~ t:/ C#CW'Ioo. BY THE COURT, , .... LINDA HUNT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION. LAW NO. 4404 CIVIL 1990 CUSTODYNISITATlON v. LEE KEESEMAN, JR., Defendant PETlTION FOR SPECIAL RELIEF AND NOW, comes the Defendant, Lee KeeseJ1lllI1, Jr., by and through his attorney, Robert J. Mulderlg, Esquire, and requests the following speclal rellef: 1. Petitioner (Defendant) is Lee KeeseJ1lllI1, Jr., an adult Individual currently residing at 47 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 2. Respondent (plalntlfl) is Linda Hunt, an adult individual whose mailing address is P.O. Box 14, Shermans Dale, Perry County, Pennsylvania. 3. Petitioner has flied seeking CU8tody of his children, Nicole M. KeeseJ1lllI1, born February 16, 1989; and Devin L. KeeseJ1lllI1, born August 6. 1990, currently residing at P.O. Box 14, Shermans Dale, Perry County, Pennsylvania. 4. The children resided with Petitioner and Respondent from February of 1989 until October of 1989 at Petitioner's residence, 47 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 6. In October of 1989, Respondent leR the household leaving Nicole M. Keeseman with Petitioner until December of 1989. 6. In December of 1989, Respondent returned to Petitioner's residence and llved with him and the child until October of 1990 at which time she leR leaving both Nicole Keeseman and Devin L. Keeseman In the CU8tody of Petitioner. 7. Respondent flied a Complaint for Custody on December 21, 1990. 8. On January 14, 1991, by agreement of the parties, Petitioner WII8 awarded primary physical CU8tody of the minor children. A copy of the Order is attached hereto 88 Ellhiblt .A.. .... ... 9. On May 81, 1991, Respondent med 8 Petition for Contempt and Modlflcatlon, and conciliation conference W8lI BCheduled for June 18, 1991. 10. The parties resolved their custody dIllpute orally and no conciliation conference with held. 11. On November I, 1991, Respondent moved back in with Petitioner and the children at 47 Betty Nelson Court, CarUale, Cumberland County, Pennsylvania. 12. On July 15, 1992, Respondent withdrew a Petition for Contempt and Modification action and the January 14, 1991 Order W8lI vacated by agreement of the parties. 18. Rellpondent continued to live with Petitioner and the children untU October, 1998 when she moved to Perry County, leaving the children with Petitioner. 14. Petitioner continued to be primary caregiver of the children until March 21, 1994. 15. On March 21, 1994, Respondent, without any prior contact with Petitioner, went to the da,ycare center, CarUale Earl,y Education Center, where Petitioner had thP. children enroUed and removed said children from the Center and took them to Perry County. 16. Rellpondent refuses to return the children to their home. WHEREFORE, Petitioner respectfull,y requests this Court to order the Respondent to return the children to the home in which they have resided for their entire lives until the custod,y conclllatlon can be scheduled and held before the Custody Conciliator. Respectfully submitted, LAW OFFICES OF RON TURO , ~-rA-j/ Date ' . Robert J. 82 Sout edford Street CarUale, PA 17018 (717) 245-9688 Attorney for Petitioner ..,,-...:."_..,.......0...".-.....;.....- '..<'.'_.c,.' .~~ . - - VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PETITION FOR SPECIAL RELIEF ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. .))" Ihaf''' h 9'1 Dale L.<J (j- Lc.rKccscma Jr. l(/- .. ....... ................---...'~,...-._......- ~',.."i...~~, .,-0:...."",,'....,,- ~,~ .:.'.~...._,._~, " ;}'6 r: " ..~ " a; - :z:: c... # o C"") ~... <~ ~:l'" L&J('''L'\:r ,=:r:Uc1 u.gO> I!';t--Z:,:! " f'~"lin I ',., ; ~ ..!:.c .~, u.. I f._ __ d,,,,,~w -.... ,l::co. -:;> "'0 o '-:r "'" ... -::r - t:;"'"'..c~',;y-: "."~<;'t:",:,~ - .. " LINDA L. HUNT, IN TIlE COURT OF cotoM>N PLEAS OF Plainti ff v. CUMBBRLAND COI.lm'Y, PENNSYLVANIA NO. 94 -lb.,l~IVIL TERM LEE D. KEESEMAN, JR., Defendant PROTECTION FROM ABUSE AND CUSTODY 1'IlMPORARY PROTECl'IVE ORDER AND NOW, this )/~daY of March, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Linda L. Hunt, and her minor children, now residing at Lupfer's Grove, P.O. Box 14, Sheraans Dale, Perry County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Lee D. Keeseman, Jr., the following Temporary Order is entered. The defendant, Lee D. Keeseman, Jr., now residing at 47 Betty Nelson Trailer COurt, Carlisle, CUmberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Linda L. Hunt, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at Lupfer's Grove, P.O. Box 14, Shermans Dale, Perry COunty, Pennsylvania, a residence which to which the plaintiff moved to avoid abuse, which is not owned or leased by the defendant. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and and from harassing the minor children. ,;l-li'J.' ..':;\iI1.!~ The defendant is enjo~i?L~ e'n~~i:lk the plaintiff's place of employment ]:)1; iC" and the day care facilities of the mino~ .~jldren. ~61 Wd lit Z It ti'lH 1~'~'"1~"":-V '."~-~:t-!' " Temporary custody of Nicole M. Keeseman and Devin L. Keeseman, is hereby awarded to the plaintiff, Linda L. Hunt. The defendant is hereby notified that if he violates this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six IIOnths in jail and any other appropriate punishment. This Order shall remain in effect until a final order is entered in this ';)It/, case. A hearing shall be held on this matter on the ~ day of April, 1994, at /;00 /J .m., in Courtroom No.L, CUmberland County Courthouse, carlisle, , PeMsylvania. The plaintiff may proceed in fonas pauPeris pending a further order after the hearing. The CUmberland County Sheriff's Department shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. The appropriate police departments will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. g 6113). ,4/L Judge ~._''''''''L __'" " LINDA L. HUNT, IN 1lIE COURT OF CXM<<>N PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA 11tJ.:JS' NO. 94 - CIVIL TERN PROI'ECTION FROM ABUSE AND CUSTODY LEE D. KIlESEMAN, JR., Defendant NOTICE You have been sued in court. If you wish to defend against the claias set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fall to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SIKlULD TAKE TflIS PAPER TO YOUR LAWYFR AT a<<::E. IF YOU DO I<<>T HAVE A LAWYFR OR CANNOO' AFFORD ONE, 00 TO OR 'l'ELEPHONE 1lIE OFFICE SET FOR'I1I 8IlLOlJ TO FIND our WfII!RE YOU CAN GBT LOOAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURnlOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 ,j 1 ",;.1" tw; "_ (~k_ LINDA L. HUNT, IN 11IE COURT OF CXMK>N PLEAS OF " Plaintiff v. CUMBERLAND COUt<<Y, PENNSYLVANIA ''''~S- NO. 94 - CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY LEE D. KEESEMAN, JR., Defendant PETITIa./ FOR PROl'ECTIVE ORDER AND CUSTODY RELIEF UNDER 11IE PROl'ECTIa./ PJQ( ABUSE ACT, 23 P.S. ! 6101 et seq. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is Lupfer's Grove, P.O. Box 14, Shermans Dale, Perry County, Pennsylvania, 17090. 2. The defendant is an adult individual residing at 47 Betty Nelson Trailer Court, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the father of the plaintiff's children. 4. Since approximately March, 1988, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about March IS, 1994, the defendant threatened the plaintiff telling her he would have some one "take care" of her which she interpreted as a threat to her life. b. On or about November 19, 1993, the defendant grabbed the plaintiff by her throat, threw her into the bathtub, kicked her about her legs, grabbed her by her arms, pushed and shoved her about, punched her about her face and head, and pulled her hair. The defendant then threw his wallet at the plaintiff, " hitting her on the nose with it, threatened to make her part of the wall and told her he would kill her. The plaintiff sustained bruising and swelling about her body from her head to her legs as a result of this incident. c. on or about August 8, 1990, two days after the birth of the parties' second child, the defendant struck the plaintiff across the face with the back of his fist. d. Since approximately March, 1988, the defendant has abused the plaintiff in ways including, but not limited to, threatening her with physical violence, threatening to kill her, throwing dishes and food at her, pushing and shoving her, including during both of her pregnancies, slapping and punching her, pulling her hair, and kicking her. S. In or about late November, 1993, the plaintiff left her residence at 47 Betty Nelson Trailer Court, Carlisle, CUmberland COunty, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff, inciuding, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the minor children. 9. The plaintiff desires that the defendant be restrained from entering her place of employment and the day care facllltlos of the minor children. 10. The plaintiff desires that the defendant be ordered to stay away from her current residence at Lupfer's Grove, P.O. Box 14, Shermans Dale, Perry County, Pennsylvania, ond ony other residence she MY establish for herself. B. STA11JS TO PIItnOlIl IN MlRMA PAUPBRIS 11. The plaintiff Is currently unemployed. 12. The plaint Iff does not have funds available to pay the fees for filing and service of this lowsult. C. TIM'ORARY CUSTODY 13. The plalntllf seeks temporary custody of the following children: NIB fIusent Rcsidence A8!l Nicole Michelle Keesemnn Lupfer's Orove Shermans Dale. PA S years old 0.0.8. February 14, 1989 3 years old D.O.B. August 6, 1990 Devin Lee Keesemnn Lupfer's Orove Shermons Dale, PA The children were born Oul of wedlock. The children are presently In the custody of the plaintiff, Linda L. Hunt, who resides al Lupfer's Orove, P.O. Box 14, Shermans Dsle, Perry County, Pennsylvsnis. During lhe pasl five years the children hsve resided with the following persons and at the following addresses: NIB Addresscs DIlW! March 21, 1994 to the present Plaintiff and her roollllllllte, Angela McCI intock I.upfer's Orove. P.O. Box 14 Shermnns Dale, PA Defendant and his 47 Betty Nelson Trailer Court girlfriend, Llnelle Farner Carlisle, PA Mid-February, 1994 to March 21, 1994 lfIIIIl Addresses 47 Betty Nelson Trailer Court Carlisle, PA Defendant and his 47 Betty Nelson Trailer Court girlfriend, Bobby Jo Hess Carlisle, PA Defendant Defendant 47 Betty Nelson Trailer Court Carlisle, PA Plaintiff and defendant 47 Betty Nelson Trailer Court Carlisle, PA Defendant 47 Betty Nelson Trailer Court Carlisle, PA Richwine Road Shermans Dale, PA Plaintiff, her cousins, Toni and Rodney Turner, their children, Shane, Shannon, Shawn, Josh and Amy Plaintiff 47 Betty Nelson Trailer Court Carlisle, PA Plaintiff and defendant 47 Betty Nelson Trailer Court Carlisle, PA Plaintiff and defendant Rt. 641 Carlisle, PA 822 Richwine Road Shermans Dale, PA Plaintiff, her parents, Alton and Ruth Richwine, and her sister, Sharon Hunt Plaintiff and defendant Rt. 641 Plainfield, PA DlWl.ll late January, 1994 to mid-February, 1994 Decelllber, 1993 to late January, 1994 late November, 1993 to December, 1993 November, 1991 to late November, 1993 late November, 1990 November, 1991 October 31, 1990 to late November, 1990 August 6, 1990 to October 31, 1990 June, 1990 to August S, 1990 December, 1989 to June, 1990 OCtober 31, 1989 to December, 1989 February 14, 1989 to OCtober 31, 1989 The mother of the children is Linda L. Hunt, currently residing at Lupfer's Grove, P.O. Box 14, Sherlllllls Dale, Perry County, Pennsylvania. She is single. The father of the children is Lee D. Keeseman, Jr., currently residing at 47 Betty Nelson Trailer Court, Carlisle, CUmberland County, Pennsylvania. He is single. ,'....".,. The plaintiff currently resides with the following persons: Hua Re lat 100000hip her daughter her 30n her roollllllllte Nicole Michelle Keeseman Devin Lee Keeseaan Angela McClintock 14. The plaintiff plaintiff knows of no custody action pending in this or any other county. The plaintiff had filed a Complaint for CUstody on December 21, 1990 (No. 4404 Civil 1990 - CUmberland County Court of Common Pleas) and a CUstody Order was entered on January 14, 1991. The Court entered an Order on July 16, 1992, vaclltlng Its Order of Janullry 14, 1991. I~. The plaintiff doos not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights wi th rusllUcl to the children. 16. Tho best Inlerests and permanent welfare of the children will be let If custody Is temporarily granted to the plaintiff pending a hearing in this 11I8 tt e r because I a. The plaintiff is a fit parent who can best take care of the children. b. The defendant has not acted in the children's best Interest by refusing the IIIOther regular contact with the children In ways including traumatizing them by telling them their IIIOther was dead. WIIEREPORB, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. g 6101 g1 ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuae Act:" " , '. 1. Ordering the defendant to refrain froll abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain froll having any direct or indirect contact with the plaintiff including, but not limited to, telephone 11ud written communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family and the minor children; 4. Prohibiting the defendant from entering the plaintiff's place of employment and school and the day care facilities of the minor children; S. Ordering the defendant to stay away from the residence located at Lupfer's Grove, P.O. Box 14, Shermans Dale, Perry County, Pennsylvania, which the parties have never shared; 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, and 7. Granting temporary custody of the minor children to the plaint iff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain froll abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not '~....~...c'" .' '-",.~ /c-,c<" " limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family and the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment and school and the day care facilities of the minor children. S. Ordering the defendant to stay away from the residence located at Lupfer's Grove. P.O. Box 14, Shermans Dale, Perry County, Pennsylvania, which the parties have never shared. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. Ordering the defendant to pay all costs of filing and service of this lawsuit and attorney's fees to Legal Services. Inc. The plaintiff further asks that this petition be filed and served without payment of costs, pending a further order at the hearing. and that certified copies of this Petition and Order be delivered to the appropriate police departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. 16. set forth. COUNT II CUSTODY UNDER PENNSYLVANIA CVSTODY LAW The allegations of Count I above are incorporated herein as if fully 17. The best interest and permanent welfare of the children will be served by confirming custody in the plaintiff as set forth in Paragraph 16 of the Petition. 'MIEREFORE, pursuant to 23 P.S. 8 5301 n SQ., and other spplicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, (~~, ~intiff LmAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 L. . ", : --- >---, >~miN~M1(l:.,I'i\~S;:.<c'~';""''::'',~ <- - '.1',,,,,,, -'_'-.--,-.._-. - - ,J, .... -~.,.,. . . The above-nued plaintiff. Linda L. Hunt. verifies that the statell8nts lIIIde in the above Petition are true and correct. The plaintiff understands that false statellents herein are l18de subject to the penalties of 18 Pa. C.S. II 4904 relating to unsworn falsification to authorities. 1 . . Date:AuJ...:J~1199Cf ,i i 1 , .~-...":o....,,,,:..... rri:~:;;;:;!'.~~{-. ,':o:a. ' . <j ~ o <::) . \J) ~ ~ 8 SHERIFF'S RETURN ca+1ONWEI\LTH OF PENNSYLVANIA I COUNl'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, pennsylvania No. 94-1625 Temporary Protective Order protection From Abuse and Custody Linda L. Hunt VS Lee D. Keeseman Jr. Harry King , ~i)t)t" Deputy Sheriff of Cu1lberland County, Pennsylvania, who being duly swom according to law, says, that he served the within Temoorarv Protective Order protection From Abuse and Custody upon r.F!P D. K"F!seman ,lr. . the defendant, at 5:05 o'clock p.M. EST /~le. on the day of April . 19 94at 04 Thp Cl1mhF!rlanrl Countv Courthouse. Sheriff's Dept. One Courthouse Square. Carlisle Pennsylvania, by handing to Lee D. Keeseman. Jr. . Cumberland County. a true and attested copy of the Temoorarv Abuse and and at the same tllne directing his Protective Order Protection FrQm Custody attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's COStSI Docketing Service Affidavit Surcharge ?~~~ 14.00 3.36 2.00 19.36 R. Thanas Kline. Sheriff ~~ by'/ , , ----'& De t Sh i Swom and subscribed to before me this f ~ day of {It,. l' qL.\ _ I~~S- 'Pro-l-, Ordor 19_ Ii<( A.D. '-.-l.k_ C 'nt~;t?.., ~ oJj:r.. , I I "7 f Prothonotary p4.-~' €I cwSt .0 rdu y ~ 0 tl c ,q 90