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HomeMy WebLinkAbout02-3586ROBERT T. KEENEY PLAINTIFF SANDRA K. KLINGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-3586 CIVIL ACTION LAW : IN CUSTODY t ORDER OF COURT AND NOW, Thursday, August 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Friday, September 06, 2002 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 bc accomplished, to define and narrow thc issues to bc heard by the court, and to enter into a temporary order. All children age five or older may also bc present at the conference. Failure to appear at thc conference may provide grounds for entry of a temporary or permanent 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/ Melissa P. Greevy~ Esq. Custody Conciliator 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 accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must he 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 HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C~' I. b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT T. KEENEY, Plaintiff' VS. SANDRA K. KLINGER, Defendant ) ) ) ) ) ) COMPLAINT FOR CUSTODY 1. The Plaintiff is Robert T. Keeney, an adult individual, currently residing at 1460 Mt. Gretna Road, Elizabethtown, Pennsylvania 17022. 2. The Defendant is Sandra K. Klinger, an adult individual, currently residing at 155 Salem Church Road, #7, Mechani~sburg, Pennsylvania 17055. 3. Plaintiff seeks primary physical custody of the following child: ]51ame Present Residence Age Joseph Klinger 155 Salem Church Road DOB: 6/19/87 Mechanicsburg, PA 15 yrs. The child was bom out of wedlock. The child is presently in the custody of Defendant Mother. 4. Since birth the child has resided with the following persons and at the following addresses: Sandra K. Klinger Various addresses - unknown 5. The relationship of Plaintiffto the child is that of Father. The Plaintiff currently resides with the following persons: Martha Keeney Wife 6. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Self Mother's paramour Sandra K. Klinger Allen (last name unknown) Defendant Mother and paramour's daughter Paramour's son from a previous relationship 7. Plaintiff has not participated as a party or witness or in any other capacity or litigation concerning the child in any other Court of this Commonwealth. 8. Plaintiff has no information of any custody proceeding concerning the child pending in any other Court of this Commonwealth other than that filed to this term and number. 9. Plaintiff doe's not know of any other person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Father is ready, willing and able to provide the necessary love, care and affection in the best interest and permanent welfare of the subject minor child. b. The subject minor child desires to relocate to Lancaster County and live primarily with Father. c. It is acknowledged by Father that he had no contact with the minor child from the time the child was 8 years old until approximately Christmas 2001 when Father and son saw each other and started up their relationship again. d. The minor child has requested to relocate with Father. The minor child is living in a mobile home in Cumberland County with his Mother, her boyfriend (Allen) and their daughter and his son who is 17 years old fi.om a previous relationship. The physical environment is not conducive to growth and development for the subject minor child which is not in his best interest and permanent welfare. e. It is believed there is no prior order of custody regarding the subject minor child. 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as a party to this action. 12. All other persons named below who are known to have a claim or right to custody or visitation of the child will be given notice of the pending of this action and the right to intervene. None. WHEREFORE, Plaintiff, Robert T. Keeney requests this Honorable Court grant him primary physical custody of the subject minor child. Date: Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN BY: r~e ~ ~ ~fffey S. Shank, Esquire, ID #74471 JAttorney for Plaintiff 222 South Market Street, Suite 201 Elizabethtown, PA 17022 (717) 367-1370 VERIFICATION I verify that the statements made in this Complaint for Custody are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: Robet~ T. Keeney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT T. KEENEY, Plaintiff VS. SANDRA K. KLINGER, Defendant NO. 02-3586 Action in Custody ORDER AND NOW, this ~ 0 '~ day of /qoft,., ,~ ,2002, upon agreement of the parties based upon the attached Stipulation signed by the parties, IT IS HEREBY ORDERED AND DECREED said Stipulation is adopted as the Order of Court. Copies to: /Jeffrey S. Shank, Esquire (for Plaintiff) Sandra K. Klinger, pro se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT T. KEENEY, Plaintiff VS. SANDRA K. KLINGER, Defendant NO. 02-3586 Action in Custody STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, this day of ,2002 upon agreement of the parties, and by and through Jeffrey S. Shank, Esquire, attorney for Plaintiff, Robert T. Keeney (hereinafter "Father") and Sandra K. Klinger (hereinafter "Mother") individually, and collectively referred to as "parents" agree as follows with respect to the custody of their minor child, Joseph Klinger (DOB: 6/19/87). 1. Legal custody of the subject minor child shall be shared by the parents. Each parent shall have the right to participate in major decisions affecting the child, including but not limited to, medical, religious and educational decisions and each parent shall have equal access to medical, dental and school records, the residence address of the child and of the other parent. The parent having primary physical custody of the child during the school year shall provide to the other parent, advance information on a timely basis regarding school programs, events, meetings and any teacher meetings/open house events involving the children. 2. Father shall and does hereby have primary physical custody of the subject minor child. o parents. Mother shall and does hereby have partial physical custody at times as agreed by the Mother and Father shall share holidays as agreed by the parents. Both Mother and Father shall have open telephone access to minor child at reasonable times and for reasonable duration without any third party interference. 6. Mother and Father are encouraged to accommodate the reasonable requests of the other parent for alterations of any agreed upon schedule, as the circumstances and best interest of the child require. 7. Mother and Father shall encourage the child to love and respect the other parent, shall not state, nor allow others to state, in the presence of the child, derogatory comments about the other parent. Mother and Father shall encourage the child to have significant contacts with the other parent, and shall make certain that the child is ready on time for the transfer of physical custody fi.om one parent to the other. 8. Mother and Father agree with the custody provisions set forth in this Stipulation and request that the same be enter as an Order of Court. 9. Both parents respectfully request this Stipulation be entered as an Order of Court and both parents further acknowledge this Stipulation is agreed to by them as evidenced by their signatures below. I0. The conference scheduled for September 6, 2002 at 8:30 a.m. before Custody Conciliator Melissa P. Greevy, Esquire is to be canceled by the agreement of the parties. AND NOW, the parties acknowledge the terms and conditions of this Stipulation and agree to be legally bound to this Stipulation as the Order of Court until further Order of Court. Robert T. Kee~rf&y Sandra I~ Klinger ~ COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER ) dayof ~t~ ~.~'~l"- a Notary Public, the undersigned officer, personally appeared ROBERT T. KEENEY, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ,2002, before me, My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ~.k~'h ~,ff ~ c~ ~q e.J ) Onthis, the /x-~ dayof f~f.3~.l,_~ F ~::~ q.,' , ..,..m¢~,~, before me, a Notary Public, the undersigned officer, personally appeared SANDRA K. KLINGER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires Loft Ann Dupe~., Noisy Public ~onnmss~on ~xpir~s Oct. 31, ~ Mern~er, Pennsylvania A~o<Y~atlon ~ Notaries ROBERT T. KEENEY, Plaintiff V. SANDRA K. KLINGER, Defendant AUG ~ 0 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3586 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 20th day of August, 2002, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. t e"~ssa Peel Greevy, Esquire [Custody Conciliator :161868