The URL can be used to link to this page

Home My WebLink About00-00210 KENNETHR. SHULTZ, JR., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- .;J..IO CIVIL TERM DEBRA KEEBAUGH, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~I 00 , upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before ~'~ Esquire, the conciliator, at . (\ 'N\ . . \( f ' Pennsylvania, on the .1 day of \-^P{'C~ 2000, ~J. ~ fu.~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. AlI'children age fIve or older may be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ~H.~ Jj \ ~lf(\~ ()J . ustody Conciliator ~:, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 1-800-990-9108 _ FIIl:1"1 ('1;-- 0'- n ,,_00~1r '-Io'(':i:'" I ,{1-'" d;"')"...,:.1 IVC . , .jiHO/VOTARY 00 ,JAN 19 p'O!' 2 . t1 : 30 CUMBEnLJli\'D '( PENNSYLliJU1'f!Y fiMA //'/l.&tJ M ~'7r ~ $ 4 ~;/ //1l.,(J,:? 114 ~ ;:, ~. //f'.tfJ~ ~ ~ ;1; "4 ~, 11'0. . > " .-" ,~ . .,. _ .".""'''"I'''''''_'!w.l!lII!P_'~'''''''''~J!~' i'j_ _ ...'!flllftlllll!_~.__"" KENNETHR. SHULTZ, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- [l/O CIVIL TERM DEBRA KEEBAUGH, Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kenneth R. Shultz, Jr., an adult individual currently residing at 136 Peach Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Debra Keebaugh, an adult individual currently residing at 19 North Corporation Street, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant is the natural mother of the child, Joshua Lynn Shultz, born November 13,1993. 4. The child was born out of wedlock. 5. Since birth, the child has resided with the following persons at the following addresses for the following lengths of time: NAME ADDRESS DATES Debra Keebaugh, and one-year- old child not of Plaintiff 19 North Corporation Street Newville, P A for the past two years 6. The natural mother of the child is Debra Keebaugh, who resides as aforesaid. She is single. 7. The natural father of the children is Kenneth R. Shultz, Jr., who resides as aforesaid. He is single. 8. The relationship of the Plaintiff to the child is that of natural Father. The Plaintiff currently resides with his parents, Kenneth R. Shultz, Sr. and Mary Shultz, and sister, Betty Shultz. 9. The relationship of the Defendant to the children is that of natural Mother. The Defendant currently resides with the child at issue, as wen as a one-year-old child not of the Plaintiff. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. II. The best interest and permanent welfare of the child will be served by granting the Plaintiff the relief requested in order for him to establish a meaningful relationship with the child. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. -, ~ ,,') '" _I ~ - _ -, 1; .~ WHEREFORE, the Plaintiff, Kenneth R. Shultz, Jr., respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Date: [JCAIf\ ~t~ I I dObO J Respectfully submitted, .~. offias S. Die Attorney for the Plaintiff 40 I East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX I, . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. ~SH€c~ f611Q-m (LlL) xv..! n:8lrGtl (1.11) :)uoqdal"~ " Jl1llZ e r N\fr flOLl u~AIAs~d '~IS~PtlJ €Ol ~l~S 'leens .IeJ:WlO'1lSl!3. lOt 1'I~!a 'S SBWOq~ ;JO'iDWOlAVl . l p ~ ~ ('Y' 0 Dc ~ 0 -n f'\ <.- .-1 ~ .lrt~O ~g ,... f~:n~ *' :z:: '.....- € ~?~~ ~~ ;g~ ~ 00. - Ii ." ~-.; ..... ::II: .:;n "C ~ IV) .. (5~ ~ ~~ 0 ~ Ul -< ~ 1, KENNETH R. SHULTZ, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. NO. 00-210 CIVIL TERM : DEBRA KEEBAUGH, . CIVIL ACTION - LAW . Defendant : IN CUSTODY ORDER OF COURT AND J.IOQ", this kJ consideration of the attached and directed as follows: day of \~ .~ Custody Conciliation tl.eport, , 2000, upon it is ordered 1. The Father, Kenneth R. Shultz, Jr., and the Mother, Debra Keebaugh, shall have shared legal custody of Joshua Lynn Shultz, born November 13, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following progressive schedule: A. The Father shall have custody of the Child on Saturday, March 4, 2000 from 10:00 a.m. until 6:00 p.m. at the residence of the Mother's sister, Donna Johnson. For purposes of this period of custody, the Mother shall transport the Child to her sister's residence and the Father shall transport the Child to the Mother's residence at the end of the period of custody. B. The Father shall have custody of the Child every Saturday from March 11, 2000 through April 22, 2000 from 10:00 a.m. until 6:00 p.m. C. The Father shall have custody from 10:00 a.m. until 6:00 p.m. on Saturday April 29, 2000 and Sunday, April 30, 2000, and on Saturday May 6, 2000, and Sunday May 7, 2000. D. Beginning Saturday May 20, 2000, the Father shall have custody of the Child on alternating weekends from Saturday at 8:00 a.m. through Sunday at 7:00 p.m. on an ongoing basis. 4. The parties shall share or alternate having custody of the Child ~., .' on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years, and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years, and during Segment B in even numbered years. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 2:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through the Friday after Thanksgiving at 2:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years, and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years, and during Segment B in even numbered years. C. NDi YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Mother shall have custody of the Child during Segment A in even numbered years, and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years, and during Segment B in even numbered years. For purposes of this provision the entire New Years holiday shall be deemed to fall in the same year as New Years Eve. D. EASTER: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 12:00 noon through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through the following Monday at 12:00 noon. The Easter holiday schedule shall begin with the Father having custody during Segment A in 2001 and in odd numbered years thereafter, and during Segment B in 2002 and in even numbered years thereafter. The Mother shall have custody during Segment A in even numbered years and during Segment B in odd numbered years, also beginning in 2001. The parties shall have custody of the Child over the Easter holiday in 2000 in accordance with the regular custody schedule specified in paragraph 3 of this Order. E. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on Memorial Day, July 4th and Labor Day, beginning with the Mother having custody on Memorial Day in 2000. The periods of custody under this provision shall run , , from 8:00 a.m. until 8:00 p.m. on the day of the holiday, with the exception of July 4th, an which the custody period shall be extended until after the fireworks. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 8:00 a.m. until 8:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 8:00 a.m. until 8:00 p.m. In the event a party loses a period of custody on Sunday due to the Mother's Day/Father's Day holiday custody period, that party shall have a make-up period of custody on the following Sunday from 8:00 a.m. until 8:00 p.m. G. CHILD'S BlRI.'HDAY: When the Father does not have custody of the Child on his birthday under the regular custody schedule, the Father shall be entitled to have a period of custody on the day before or the day after the Child's birthday, with the times to be arranged by agreement of the parties. H. In the event the Father's period of holiday custody falls immediately before or following his regular period of custody, the holiday/regular period of custody shall run continuously without interruption. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The parties shall cooperate in further discussing and attempting to reach an agreement concerning the Father's desire to have custody of the Child for a 1 week period during each summer to take the Child to visit relatives in Georgia. 6. The Father shall be responsible to provide all transportation for exchanges of custody under this Order until his alternating overnight weekend periods of custody begin, at which time the party receiving custody shall be responsible to provide transportation for the exchange. 7. The parties agree to follow the reconnnendations of the Child's counselor with respect to any adjustments to the progressive custody schedule deemed necessary by the counselor to promote the Child's best interests. 8. Counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference if necessary to address issues which may arise in the expansion of the regular custody schedule or in connection with the vacation schedule. 9. The Father shall have reasonable telephone contact with the Child and the parties shall cooperate in scheduling a weekly time convenient to both parties, when the Father can contact the Child on a regular basis. 10. Each party shall ensure that the other party has his or her current address and telephone number. , ~"" . 11. This Order is entered pursuant to an agreement of the parties at 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 cqURT, J. cc: Thomas S. Diehl, Esquire - Counsel for Father 1'hY>, ~ j)) . n ) Joan Carey, Esquire - Counsel for Mother ~-r-- ~ 3- ? -00 RI<3 . - ~ <@> <l? 1; tr ~~ ~",\,\\' \ %":8 ~ ~ '<:1 .... ;A '0 'Ar. f/ -..- "/;;'3 '" .~'c~ ~ ,~ cP W- .A '-1<Y:}. ," '(l' :~'::Z 'Q\'-J~ ~ ",.-(\ 'on -/0' ""0' ':;:A -t;, ;;:. . """,",,~~j~"'^!!!'tlIm..."'l""W'Jo!Ill,,~,..,."_...,~IlIIIII.. . "~4~,,f'" ,-~~ ~_ I '..< , j - '- <, '" 'IIW: KENNETH R. SHULTZ, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : NO. 00-210 CIVIL TERM : DEBRA KEEBAUGH, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CUSTODY CCNCILIATICl'I SUJIlMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-S, the undersigned Custody Conciliator submits the following report: l. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Lynn Shultz November l3, 1993 Mother 2. A Conciliation Conference was held on March l, 2000, with the following individuals in attendance: The Father, Kenneth R. Shultz, Jr., with his counsel, Thomas S. Diehl, Esquire, and the Mother, Debra Keebaugh, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ 02 ~Ol')Z> Date ( DarPs~ Custody Conciliator