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thllt upon FlIthcr's rclcasc Mothcl' would hllvc primary physical custody of thc
child with FlIthcr having pcriods of partial custody, Thc partic!; would sharc
Icgal custody oflhc child, including thc right to makc non-cmcrgcncy mcdiclll
dccision, lill' thc child, On Octohcr 26, 2005, this Court issucd an Ordcr that
in cs.~cnl:c rcl1cctcd thc tcrms ofthc partics' Custody Agrccmcnt IInd
StipullItion, Copics ofthc partics' Custody Agrccmcntand Stipulation and
this Court's Ordcr ofOctobcr 26, 2005, arc attachcd as Exhibits "A" and "8"
rcspr.ctivcly, and arc incorporatcd by rcll~rcncc hcrcin,
5, Whcn thr. child was Iivc ycars old, hc was diagnoscd with certain mcntal
disordcrs, Thc child has reccived wide-rnnging trcatmcnts for thosc illncsses
including hospitalization at Philhavcn BchavioralHealth Services, Ilc has
bccn taking prcscribed mcdication to trcat his i1lncsscs sincc approximatcly
agc five,
6, On Dcccmber 29, 2005, Dr, Mohammed Khan, M.D., and Sandra Abbey,
CRNt', of Family Lifl: Servicc!;. Diakon Lutheran Social Ministrics,
conductcd a psychological evaluation of thc child, Dr, Khan and Nursc
Abbcy found that. thc child was "unable to maintain in the community" and
rccommendcd that the child bc placcd in a rcsidcntial trcatment facility,
7,. The child was partially hospitalizcd at Pinnacle Health Bchavioral Scrviccs
from January 30, 2006. to February 8. 2006, for the plll'pOSC of furthcr
cvaluating his condition, Upon thc child's discharge, thc child's doctors at
Pinnacle Health Bchavioral Serviccs recommcndcd that hc be placcd in a
residcntial treatmcnt facility,
8, Thc child is schcdulcd to bcgin residcntial trcatmcnt at Philhavcn Bchaviol'lll
Hcalthl'arc Scrvices on April 13, 2006, Trcatmcnt Icngth varics by paticnt but
typically lasts II minimum of six months_
9, On 01' about March 20, 2006, Fathcl' clllled Faith Bixlcr, Admissions
Coordinator at Philhaven, indicating that hc docs not agrcc with thc child
being placcd in rcsidcntial trcatmcnt at Philhavcn and will not conscnt to thc
child's placcmcnt at thc facility,
10, Counscl for Philhavcn has informcd thc undcrsigncd counscl Il)r Mother that
Philhavcll cannot acccptthc child I'm trcatmcnt (lVCr thc Father's objcction,
givcn the current Order of sharcd leg.,1 custody,
11, Mother bclicvcs that Fathcr docs not havc a good-faith rcason to object to the
child's placcmcnt in rcsidcntialtrcatmcnt at Philhavcn,
12, Mother bclievcs that if thc child is not plm:cd inrcsidential trcatment at
Philhaven Behavioral Hcalthcarc SCl'viccs on Aprill3, 2006, he will have to
wait at least six marc months beforc Philhavcn can admit him,
13, Mothcr bclicvcs and thcrcforc avcrs that it is in thc bcst intcrests of the child
that Mothcr be grantcd solc Icgal custody of the child, pending further order of
court, so that Mothcr can consent to the child's placcmcnt in residcntial
treatment at Philhavcn Bchavioral Hcalthcarc Scrviccs over Father's
objcction,
3. The parties listed above had previously been Involved In a custody
action In reference to this child before this ~Ionorable Court.
4. Following a custody conciliation conference, the mother was granted
primary physical custody with periods of partial custody to be given to the father.
5. Upon mutual consent, the partieS now believe that the best Interests
and welfare of the child, Aaron Harbaugh, born on October 20, 1995, would best be
served If primary physical and legal custody was with Michelle Louthlan, as Indicated
by their !lignatures below from August 26, 2005, until February 21, 2006.
6. Following FebrualY 21, 2006, the parties desire the Mother to
maintain primary physical custody of the child with Father to have partial custody of
the child with a minimum of three hours per week and alternating weekends as
mutually agreed between the parties,
7, Following February 21,2006, the Mother, Michelle Louthlan, and the
Father, David Harbaugh, shall have shared legal custody of Aaron Harbaugh, born
October 20, 1995. Each parent, following February 21, 2006, shall have an equal right,
to be exerdsed Jointly with the other parent, to make all major non-emergency
dedslons affecting the child's general well-being Including, but not limited to, all
decisions regarding his health, education and religion.
S, In the event Father works during his period of partial custody, he will
contact mother to care for Aaron Harbaugh; alternatively, a mutually approved
caretaker will be found by father to care for Ailron during Father's periods of partial
clIstCldv- F:'lth,';i'1qi'l'p.'; 10 ,lllow i\:JrCiI1 tn p<lI'ticlpatp in imy nl~eded continlled prO\.lrarn
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development of the children's love or respect for the other party.
7. Defendant shall pay $393.98 for the repair to Plalntlfrs sliding glass door.
8. Defendant shall pay Plaintiff for the medical coSls associated with the treatment for
Plaintiff's eye.
9. 11le Court Order entered in this lTlatter will be in effect for a period of one (I) year
and can be extended beyond that time if the Court finds that the Defendant has committed an act
of abuse or has engaged In a pattern that Indicates risks of harm to the petitioner. 111ls Court
Order wlll be enforceable in the same manner as the Court's prior Temporary Protection Order
entered in this case.
10. The Mechanlcsburg Police Department wlll be provided with a copy of this order
by attorney for the Plaintiff and may enforce this order by arrest for Indirect criminai 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. III the event that an arrest is made
under this section, the Defendant shall not be taken to jail but shall be taken without unnecessary
delay before the court that issued the order. When that court Is unavailable, the Defendant shail
be Iaken before the appropriate district justice. (23 P.S. fi6113).
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8. The Defendant is believed to be employed al Consolidated Frcightways in Cllrlisle,
Pennsylvanill.
9. The residence of the abused person (my residence) from which I am asking the
Court to exclude the Defendant is owned in illY name, that being thl) nallle of Michelle L
Louthian, and is located at 32 East Keller Street, Mechanicsburg, Pennsylvania 17055. I bought
the property on or about September 28, 1996.
10. The facts of the most recent incidents of abuse are as follows: On April :W, 1998
at about 1000 a.m., David grabbed me in the arms and left bruises. He also kicked out the glass
window in my sliding glass door. He did these things in front of our son, Aaron Harbaugh, date
of birth, October 20, 1995. This occurred at illY home at 32 East Keller Street, Mechanicsburg,
PA 17055.
11. The Defendant has physically abused me in the past. The following are some
examples of recent and bad abuse of conduct: On Easter Sunday, April 12, 1998, at
approximately 5:30 a.m., after an early morning of arguing and some other violence, David
punched me in the eye, causing profuse bleeding and a black eye. My eye required four stitches,
which I got that day at First Place Care Hospital, Mechanicsburg, P A Although the punch to the
eye was not done in front of Aaron, some of the other violence and the yelling and the threats
were done in front of our son, Aaron Harbaugh, and he also saw the bleeding afterwards. This
was done while the Defendant was drunk, and the Defendant has a major and long standing
drinking and marijuana problem; is on probation for DUI and is driving under a suspended
operator's license,
There hils been II long stllnding history of IIbuse IInd I hlld II PFA Order IIgainst David from
October, 1996 until October, 1997, but we reconciled IInd startcd living togcthcr agllin, in
approximatcly thc Summcr of 1997.
12. I, as the abuscd pcrson, am in immincnt danger of further abuse and lam afraid of
Defendant. A Court Order is neccssary to protect me.
13. I believe that servicc cannot be safely effcctcd by an adult individual other than a
.Iaw enforcemcnt oft1ccr such as thc Sherifl' of Cumberland County.
14. I ask for attorney fees and costs pursuant to the Protection From Abuse Act.
15. 1 have sufl'ered out-of-pocket losses as a result of the Defendant's abuse, namely
the destruction of my sliding glass door to my house as aforesaid. In addition, David has taken
some of my belongings and I would like to get them back.
WHEREFORE, Plaintiffrequcsts that this Honorable Court to reward the following relief:
A Grant a Temporary Order pursuant to the Protection From Abuse Act that orders
the Defendant to stop abusing, harassing, threatening and/or stalking the abused and stop placing
the abused in fear of abuse in any place where she may be found.
In addition, prohibiting the Defendant from going back into the Plaintiff's home at 32 East
Keller Street, Mechanicsburg, PA 17055.
Prohibiting the Defendant from having any conduct with thc abused, including but not
limited to restraining the Defendant from entering her place of employment, busincss, school or
recreation of the abused person and from harassing the abused or the abused person's relatives.
Granting temporary custody of the abused minor child, Aaron Harbaugh to the Plaintiff,
Michelle L Louthian.
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8. The Defendant is believed to be employed at Consolidated Freightways in Carlisle,
Pennsylvania,
9. The residence of the abused person (my residence) tTom which I am asking the
Court to exclude the Detendant is owned in my name, that being the name of Michelle 1.
Louthian, and is located at 32 East Keller Street, Mechanicsburg, Pennsylvania 17055. I bought
the property on or about September 28, 1996.
10. The facts of the most recent incidents of abuse are as follows: On April 20, 1998
at about 10'00 a.m, David grabbed me il! the arms and left bruises. He also kicked out the glass
window in my sliding glass door. He did these things in fi'ont of our son, Aaron Harbaugh, date
of birth, October 20, 1995. This occurred at my home at 32 East Keller Street, ivlechanicsburg,
PA 17055.
I 1. The Defendant has physically abused me in the past The following are some
examples o{i-ecent and bad abuse of conduct: On Easter Sunday, April 12, 1998, at
approximately 5:30 a.m., after an early morning of arguing and some other violence, David
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punched me in the eye, causing profuse bleeding and a black eye. My eye required four stitches,
which I got that day at First Place Care Hospital, Mechanicsburg, P A Although the punch to the
eye was not done in front of Aaron, some of the other violence and the yelling and the threats
were done in front of aliI' son, Aaron Harbaugh, and he also saw the bleeding afterwards. This
was done while the Defendant was drunk, and the Defendant has a major and long standing
drinking and marijuana problem; is on probation for DUl and is driving under a SUspended
operator's license.
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There has been a long standing history of abuse and I had a PF A Order against David tram
October, 1996 until October, 1997, but we reconciled and started living together again, In
approximately the Summer of 1997.
12. r, as the abused person, am in imminent danger offunher abuse and ram afruid of
Defendant. A Coun Order is necessary to protect me, . .
13. r believe that service cannot be safely effected by an adult individual other than II
law enforcement officer such as the Sheriff of Cumber/and County
14. r ask for attorney fees and costs purSUant to the Protection From Abuse Act.
15. r have suffered out-of-pocket losses as a result of the Defendant's abuse, namely
the destruction of my sliding glass door to my house as aforesaid. In addition, David hus taken
some of my belongings and r would like to get them back.
WHEREFORE, Plaintiff requests that this Honorable Coun to reward the fol/owing relief
A Grant a Temporary Order pursuant to the Protection From Abuse Act that orders
h '" the Defendant to stop abusing, harassing, threatening and/or stalking the abused and stop placing
the abused in fear of abuse in any place where she may be found.
In addition, prohibiting the Defendant from going back into the Plaintitrs home at 32 Ellst
Keller Street, Mechanicsburg, PA 17055.
Prohibiting the Defendant from having any conduct with the abused, inclUding but riot
limited to restraining the Defendatlt from entering her place of employment, bUBiness, school 01'
recreation of the abused person and from harassing the abused 01' the abused person' 5 rclutives
Granting temporary custody of the abused minor child, Aaron Harbaugh to the Plainlill;
Michelle L Louthian.
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98 .JUt 29 Pi'! :;: n (3
OUM8Gil.iI:n (,\)\IN'IY
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MICHELLE LCUrHIAN,
Plaintiff
IN 'l'HE COURT OF CO'lMON PLEAS OF
CUMBERL~~D COUNTY, PB~SYLVAN1A
VB.
I
I NO. 98-2468 CIVIl, TERM
I CIVIL AC~ION - LAW
I
I IN CUSTODY
DAVID E. HARBAUGH,
Defendant
aIDIlR OP COORT
AND IQ/, this ]'\
consideration of the attached
and directed as follows:
-,
day of '') .{Ja
Custody Conciliat all R pOrt,
, 1998, upon
it is ordered
1. The Mother, Michelle Louthian, and the Father, David E. Harbaugh,
shall have shared legal custody of Aaron Harbaugh, born October 20, 1995.
Each parent shall have an equal right, too be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not 1.imited 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 from
Thursday, July 16, 1998 at 5:30 p.m. wltil the following Friday motning at
7:15 a.m. when the Child shall be returned to the Hardees restaurant in
Meohanicsburg by the Father or Bonnie Mills, in the Father'a place. On an
ongoing basis, the Father shall have cuatody of the Child on alternating
weekends, beginning July 24, 1998 from Friday at 7:00 p.m. until Sunday at
8:30 p.m. In the event the Father works on that Friday evening until 8:00
p.m., the Father shall notify the Mother prompUy to make arrangements to
piCk up the Child after work. In the event the ~'ather works on that Friday
evening until midnight or later, the Father shall have custody of the Child
beginning the following saturday IOClrning at 8:00 a.m. In addition, the
Father shall have custody of t.he Child every Tuesday from 5:30 p.m. until
8:30 p.m., with the exception of Tuesday, July 28, 1998 when the Father
shall have custody of the Child for a picnic from 5:00 p.m. until no later
than 9:00 p.m. The Father shall contact the Mother by telephone when
leaving the picnic. The parties shall be flexible in rescheduling the
Father's periods of weekday custody as necessary when the Father has to
work on Tuesday.
4. The parties shall exchange custody of the Child at the Htlrdees
restaurant on Simpson Street in Mechanicsburg for all exchanges of custody
under this Order except when the parties are exchanging custody on saturday
morning at 8:00 a.m. and the Father is unable to obtain transportation, in
which event, the Mother shall bring the Child to the 'l'urkey Hill store
across the street from the Father's residence.
CAPIIAL ARIA INlfli~lf[)IATf IiNII PAGI J
S 1I1D1 N I AI IINDANCI HIS lOllY 06/04/03
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SrLllENl : IDI-76- ~,W;6 IIAIiBAiXiH, MIWN __~'A_'.
MAIN
1.0: DAY DAIl mAN'; n,ACIIIJl UISllilCI RESIO GROUP iKIME HRS MaR
~ 001 W 05/08/31 1'111 00:1 WITTENMYER, PAULINE 1-15-21-650-3 MECIIANICSBURG AREA 1 RES F
004 013 ~ 05/09/19 /\2
CM 014 I 0~;!09/20 A<
oo~ 015 W 05/09/21 A2
IIO~ 016 R 05/09/22 A"
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oo~ 017 F 05/09/23 A2
004 021 R 05/09/29 A2
004 033 T 05/10/18 A2
004 036 F 05/10/21 A2
004 039 W 05/10/26 A2
004 041 F 05110/28 A2
004 059 T 05/11/29 A2
004 073 T U5/12/20 A2
004 076 T 06/01/03 A2
004 077 W 06/01/0~ A2
004 078 Ii 06/01/05 A2
004 079 F 06/01/06 A2
004 087 R 06/01/19 W05
004 108 T 06/02/21 R06 003 WITTENMYER, PAULINE 1'15,21,650.3 ~IECHANICSBURG AREA 1 RES F
004 113 T 06/02/28 A2
004 115 R 06/03/02 A?
004 117 M 06/03/06 A?
004 liB T 06/03/07 A2
004 119 W 06/03/08 A2
004 120 R 06/03/09 A2
004 121 r 06/03/10 A2
004 122 M 06/03/13 A2
EXCUSEO UNEXCUSED TOTAL TOTAL
ABSENCES ABSENCES ABSENCES TAROIES
_0 24,0 24,0 0
ACl"':' i\\c31;1J
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cssm CAPIIAL AREA INIERMEOIAII lINI r PAm I
SllIlJENI AmNIJANCE HISIURY 06104/0:1
Wl-/6-!;B!i6 IIARIIAlIGl1. AARON 011 - 0<::>
STUDENT: C'~_____
MAIN
LOC DAY DAlE lRANS II ACHER IJISTRICl RESID GROUP flOME fiRS MBR
004 001 M 04108130 EOI 001 KIIAMf'R, DENISE 1-15-21-650-3 MWIANICSIIURG AREA IRES E
004 019 M 04109121 A2
004 02,1 M 04/1010') r
004 025 T 0411010!, I
004 038 M 04/10125 1
004044 T 04111102 WO~I
014 046 W 04/11103 R02 028 WAY, SUSAN 1-15-21.650'3 flECHANICSBURG AREA 4 1306- 13 HERSHEY MEDICAL CENT f
014 050 T 04111/09 W02
004 050 W 04/11110 1106 007 KRAMER, DENISE 1,15-21-650-3 MECHANICSOURG AREA 1 RES F
004 051 R 04/11111 Al
004 061 W 04112/01 WOE,
004 069 M 04112/13 R06 001 KRAfIER, DENISE 1-15.2\.650-3 flECHANICSOIJRG AREA 1 RES F
004 095 M 05101/,il A2
004 108 R 05/02111 WOS
014 112 W 05/02123 R06 028 WAY, SUSAN 1-15,,21-650-3 MECHAN ICSBURG AREA 4 1306- 13 'HERSHEY MEDICAL CENT F
014 115 M 05/02128 W02
004 116 R 05/03103 ROli 001 KRAMER, DENISE 1-15-21-650-3 MECIWilCSBURG AREA 1 RES r
004 116 R 05/03103 I
004 119 1 05/03108 W05
004 123 T 05103/15 R06 001 KfWIER, OENISE 1.15-21-650.3 MECHANICSBlIRG AREA 1 RES r
004 149 M 05/0'1/25 Al
004 150 T 05/04/26 ,\1
004 151 W 05/0'1121 Al
004 ]71 F 05/05/27 T
EXCUSEO ' UNEXCUSED TOTAL TOTAL
ABSENCES ABSENCES ABSENCES TARDIES
4,0 2,0 6.0 5
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3. The parties listed above had previously been Involved In a custody
actlon In reference to this child before This Honorable Court.
4. Following a custody conciliation conference, the mother was granted
primary physical custody with periods of partial custody to be given to the father.
5. Upon mutual consent, the parties now believe that the best Interests
and welfare of the child, Aaron Harbaugh, bom on October 20, 1995, would best be
served If primary physical and legal custody was with Michelle Louthlan, as Indicated
by their signatures below from August 26, 2005, until February 21, 2006.
6. Following February 2.1, 2006, the parties desire the Mother to
maintain primary physical custody of the child with Father to have partial custody of
the child with a minimum of three hours per week and alternating weekends as
mutually agreed between the parties.
7. Following February 21, 2006, the Mother, Michelle Louthlan, and the
Father, David Harbaugh, shall have shared legal custody of Aaron Harbaugh, born
October 20, 1995. Each parent, following February 21, 2006, 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.
8. In the event Father works during his period of partial custody, he will
contact mother to care for Aaron Harbaugh; alternatively, a mutually approved
caretaker will be found by father to care for Aaron during Father's periods of partial
custody. Father agrees to allow Aaron to participate In any needed continued program
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4. On October 26, 2005, this Court issued an Order In the above-caplioned uction
plll'suantto u stipulation and Custody agreemcnt ofthc purties. Thc Order gl'llnted
Mother prlmury legal and physical custody of the child until Futher's release from
York County Prison on Fehnlllry 21,2006. Upon Futher's relcuse, Mother would
huve primury physicul custody of the child und share legal custody with Futher.
5. On March 28, 2006, Mother tiled a Petition for Special Relief Seeking Emergency
Custody Pursuant to P A R.C.P. 1915.13. Mothcr sought emergency legal custody of
the child so thut the child could be placed in residential treatment at Philhuven
Behaviol'lll Healthcare Services on April 13,2006, despite Fatlwr's opposition to the
child's placement at that fucility.
6. After a hearing, by Order on April 10,2006, this Court granted Mother the relief she
requested, giving her temporary legal custody of the child. A footnote to the April
10,2006 Order provides that temporary Il~gal custody wus granted to Mother so thut
she could obtain the neeessury residential treutment for the child at Philhaven.
7. In order for Philhaven to admit the child, Mother's insurance company needed to
authorize the child's placement at Philhaven by no later than April 11,2006.
8. On April 11,2006, undersigned counsel notified Mother of the April 10, 2006 Order.
9. Mother notified her insurance company of this Court's April 10, 2006 Order on April
11,2006, but the insurance company did not authorize thc child's placement at
Philhaven until April 13,2006. Consequently, Philhaven was unable to admit the
child into residential treatment. Mother cannot be provided a specific date for the
next available admission.
10. On April 12, 2006, Ms. Angclu BUI'ge, Allron's intensive euse ml\nuger, through the
Stevens Center, secured udmisslon for the child lit The Brlldley Center which is
located in Pittsburgh, Allegheny County, Pennsylvunla. The child is scheduled to
begin residentiul treatmenlut The Bl'lIdley Center on 01' ubollt April 25, 2006. Ms.
Burge is also seeking to locate u fueility for AUl'On's case closer to home. Approvlll
for this admission from the heulth insurance provider was obtained on April 13,2006.
11. Similur to Philhaven Behaviol'lll Heulthcare Services, the duration of residential
treatment varies by patient but typically lasts a minimum of six months. Also similar
to Philhaven, the residential treatment prognun at Ilradley Cenler will allow both
Mother and Father access to the child during his time in residence.
12. Mother is filing this Petition because she believes that this Court's April I 0,2006
Order only gives Mother the authority to place the child in residential treatment at
Phil haven Behavioral J\ealthcare Services.
13. Mother believes and therefore avers that it is in the best interests of the child thut
Mother be granted tempomry sole legal cllstody of the child, pending further order of
court, so that Mother can consent to the child's placement in a residential treatment
facility.
WHEREFORE Petitioner, Michellc Louthian, respectfully requests this Honorable
Court grant Petitioner temporary sole legal cllstody of the Child, Aaron Harbaugh, so that
Mother can ensure that the child is placcd in a residential treatment fucillty.
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Mr. David E. Harbaugh,
Planllff/Petltloner
v.
:IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVAINIA
: CIVIL ACTION - LAW
: IN CUSTODY
Ms. Mlc:helle L. Louthlan, :
DefendanURespondent : No. 98-2468
CIVIL TERM
PETITON FOR SPECIAL RELIEF SEEKING
EMERGENCY CUSTODY PURSUANT TO PA R.C.P.1915.3
AND NOW, this 7th day or April, 2006, pursuant to rule 1915.13 of the
Pennsylvalnla Rules of Civil Procedure, comes the Petitioner, David Harbaugh
seeking emergency legal custody of the minor child, Aaron Harbaugh, born
October 20,1995, sothat the child may be placed in a stable and safe
environment free from Iminetmortal danger mental and/or emotlnal abuse, 2
threats of severe bodily harrn and fear of life. In support of his Petitlonfor
Emergencyefllef, Petltoner avers the following:
1. The Petitioner Is David Harbaugh ("Father"), the father of the
chlld,resldlng at 3919 Rosemont Avenue, Camp Hili, Pa 17011-7814.
2. The Respondent Is Michelle Louthlan ("Mother"), the mother of the
chllld,resldlng at 27 Laurel Drive, Mechanlcllburg, Pa 17055.
3, The child Is Aaron Harbaugh, born October 20,1995.
4. On March 28th 2006, the mother filed a Petition for special
rellefseeklng emergency custody pursuant to PA R.C.P. 1915.13 withwiththls
honorable court, in the Petition mother states that father does not have a good-
faith reason for objecting to child's placement In Phllhaven Behavior Sevrlves.
5. On October 26 2005, this court issued that Is essence reflected the
terms of parties' Custody Agreement and Sipulation that order reflects that
father had the child's "best interests" in mind as father did not want
Incarceration to hinder mothers con cernes for necessary treatment for child for
the six months father was to be confiend.
6. The child has been In and out of treatment facilities approximately eight
times since age five, these "visits" were at Hershey Physchlatrlc Ward, Kids
Peace in Allentown and Phllhaven. All of these admissions were done when an
Inoldent happend In mothers care. Father objected to these placements but only
.
times slnC'.e age five, these "visits" were at Hershey Physchlatrlc Ward, Kids
Peaoe in Allentown and Phllhaven. All of these admissions were done when an
Incident happend In mothers care. Father objected to these placements but only
once did father refuse child to stay admitted. That was the first admission to
Kids Peace when father was at Holy Spirt Emerngancy Room during Intake he
was not Informed at the father's consent was needed for child's admission. On
father's first visit to the Kids Peace he voiced his obJeotlons he was Infomed that
the child could not stay without mutual parental consent. Child was roaleased 3
days later. Child as been in and out of Hershey Psyclatio approximatly three or
four times since with father In full support of child's treatment, medication and
after care.
7. To the best of fathers knowledge mother was diagnosed all BI-Polar
Manic Depressive since about 14 years of agl:l. She also was a patient of Dr.
Brandt (past) and Dr. Kahn (present) and nurse Sandra Abbey rofered to in
Paragraph 6 of mother Petition dated 28th of March 2006. Mother cancelled an
appointment and had child fill it becasue son needed It more aooording to
mother. This was ok with abbyMothers most recent In-patient treatment
wasdurlng the Christmas holidays of 2003-2004. This was a self admission
mother checked In and checked herself out with no after care plan or change of
medloatlons and no doctor.
8. Mother's irrational behavior has been shown to many past and present.
Fathers Input during numerous discussions with the mental health profession
has oentered on child's "Learned behavior" from mother;"On Tuesday aprll 4th
2006 at the stevens oenter Father's ooncerns about the violent/chaotic
environment child endures on a dally basis goes Ignored by anyone unfamiliar
to mother's malicious and devious nature.
9. Mother has repeatedly abused and violated the visitation order Issued
by the honorable Judge Baley on 27th of July 1998. Father and child have lost
weekend and dally visits when mother deems fit. Child's maternal grandparents
have also have been denied planed visits. This oauses the child repeated stress
and frustration. Fsther contacted the appropiate police force conoervlng these
violations until father became frustrated with the authorltlea inability to enforce
the order and due to financial oonstralnts unable to pursue the matter legally.
These inoldents of denied court ordered visitation were often done in front of
ohlld at an Inappropriate age and mother continues to manipulate this order as
of this week. Mother will often not send child's medication on fathers weekend
then blameson father for not gettln them. This Is done by mother with exlream
malice towards child, father and maternal grandparents. The "evil" behavior by
mother has greatly affected the child and is a huge factor In child's dlsNptlne
behavior at school and at mothers.
10. Mothers irrational behavior is a record of court In York County. Mother
has an older son, Zachary Louthlanborn 19th of October 1991. This child was
diagnosed as "troubled" approxemently same age as younger son, Aaron.
During my relationship with mother and Zack, I saw and heard abuse, harass,
and threaten this child from ages five through ten. I stopped this behavior by
mother when I was present. Zach wasflnally placed In his father's custody when
his school (Filbert Street Elementry) testified In York County court that marks on
Zach's neck was from mother's hands. Zach had told schtlol officials that his
mother was trying to strangle him to death. Since I met this boy In 1994, He
had been on numerous medications for ADHD and other disorders his mother
had him diagnosed with by other mental health professionals. Since being
placed In his fathers custody his mother has signed off all parental rights and
responsibilities. This older son has been off medications since the changeln
custody. No more outbursts, social skills have Improved dramatically and self-
esteem Is normal from the time his envlroment changed. That has been another
detremental action by mother mother. They have made It clear that any legal
paperwork or personal testimony they can provide will done so at any time. The
older son hates his biological mother and never wantes to see her ever again
with Just cause. I do not want our Gon, Aaron, to go in this direction. Mothers
Irrational and abusive nature is doing exactly thlr. to the child.
Mothers youngest has been diagnosed as "mildly retarded." This just keeps
going for these children.
11. Father and Mother's relationship was marked with repeated visits by the
local police. Her current relationship also. Father requested these records but
due to the late notice of this honorable court's hearing have not received
response from two of the police department's contacted and the third, Upper
Allen has responded denying fathers request without court ordered documents.
12. Child has told father that mother had told him that she was going to
placement when she was a teenager but Instead went to live with different
relatives. Father wishes the same for child, to live with father, father's sisters
any relative maternal or paternal before six months at a strange facility fourty
five minutes from any family or friends.
13. Due to mothers "evil, Malicious and devious "behaviors past and
pressent and her court recorded lIfe..threatening actions against her oldest
"former" son. This father begs the honorable Judge to give the father Immediate
emergency custody of child, Aaron. Keep in mind that when her children do not
buckle to mothers "complete control" and exhibit any resemblance of
Independence, mother has progressed from mental and emotional abuse to
moratal bodily harm. The threat of bodily harm was issued from mothers mouth
towards child on April 3rd 2006. Child told mother he was going to call 911.
Then mother changed her behavior. The volatile actions and terroristic threats
should not be endured by anyone, expeclally a "troubled child" ten years old.
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R E eEl V EO eCT 1 7 Z005 rJP/
MICHELLE LOUTHIAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNSYLVANIA
VS.
No. 98-2468 CIVIL TERM
DAVID HARBAUGH,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this day of , 2005, upon
presentation and consideration of the within Stipulation and Agreement, it is hereby
ORDERED that Michelle Louthian is hereby granted primary phYSical and legal custody
of Aaron Harbaugh from August 26, 2005, until February 21, 2006. Following February
21, 2006, Michelle Louthian will continue to have primary physical of Aaron Harbaugh
subject to periods of partial custody with the father and the parties shall share legal
custody as set forth in the attached Stipulation and Agreement and that said
Stipulation and Agreement is incorporated and made a part hereof and the terms
concerning the custody of the minor child, Aaron Harbaugh, born on October 20, 1995,
shall be as set forth therein.
BY THE COURT:
Edgar B. Bayley, Judge
Distribution:
William M. Shreve, Esquire, 3618 North Sixth Street, Harrisburg, PA 17110
David Harbaugh, 24 North Kitzer Street, Etters, PA
.
MICHELLE LOUTHIAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 98-2468 CIVIL TERM
DAVID HARBAUGH,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY STIPULATION AND AGREEMENT
This agreement, made this ~6"'-'fy of 4u'6/ ,2005,
between Michelle Louthian, Plaintiff, and David Harbaugh, Defendant, concerning the
parties' minor child, Aaron Harbaugh, born October 20, 1995.
WHEREAS, the parties desire to enter into a Stipulation and Agreement
as to the custody of the minor child, Aaron Harbaugh, born October 20, 1995, and to
have this Stipulation and Agreement made an Order of Court, the parties agree to the
following:
1. Plaintiff listed above, Michelle Louthian, is the natural mother of the
child, currently residing at 27 Laurel Drive, Mechanicsburg, PA.
2. Defendant listed above, David Harbaugh, is the natural father of the
child, currently residing at 24 North Kitzer Street, Etters, PA.
3. The parties listed above had previously been involved in a custody
action in reference to this child before This Honorable Court.
4. Following a custody conciliation conference, the mother was granted
primary physical custody with periods of partial custody to be given to the father.
5. Upon mutual consent, the parties now believe that the best interests
and welfare of the child, Aaron Harbaugh, born on October 20, 1995, would best be
served if primary physical and legal custody was with Michelle Louthian, as indicated
by their signatures below from August 26, 2005, until February 21, 2006.
6. Following February 21, 2006, the parties desire the Mother to
maintain primary physical custody of the child with Father to have partial custody of
the child with a minimum of three hours per week and alternating weekends as
mutually agreed between the parties.
7. Following February 21, 2006, the Mother, Michelle Louthian, and the
Father, David Harbaugh, shall have shared legal custody of Aaron Harbaugh, born
October 20, 1995. Each parent, following February 21, 2006, 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.
8. In the event Father works during his period of partial custody, he will
contact mother to care for Aaron Harbaugh; alternatively, a mutually approved
caretaker will be found by father to care for Aaron during Father's periods of partial
custody. Father agrees to allow Aaron to participate in any needed continued program
'.
to which he is enrolled. Any time lost by Father due to child's needed enrollment in
any such program will be made up at times as mutually agreed between the parties.
9. Father agrees to maintain Aaron's medication regimen during his
periods of partial custody.
10. Neither Parent is allowed to drink while driving with the child during
periods of custody with the child. If either parent is under the influence of alcohol at a
pick up or drop off the child cannot go with that parent.
11. David Harbaugh has had the opportunity to seek the advice of
counsel prior to execution of this stipulation and Agreement, and hereby acknowledges
that he has not entered into this Stipulation and Agreement concerning custody of
their minor child under duress or coercion or threats of any manner. The parties
hereto desire that this Stipulation and Agreement be made an Order of Court.
12. It is understood by both parties that this Stipulation and Agreement
is entered with the best interests of Aaron Harbaugh in mind.
Date: 8- 2S- D5
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RECEIVED GCT 172005 rJP/
MICHELLE LOUTHIAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 98-2468 CIVIL TERM
DAVID HARBAUGH,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this & day of ~t- . ...2005, upon
presentation and consideration of the within Stipulation and Agreement, it is hereby
ORDERED that Michelle Louthian is hereby granted primary physical and legal custody
of Aaron Harbaugh from August 26, 2005, until February 21, 2006. Following February
21, 2006, Michelle Louthian will continue to have primary physical of Aaron Harbaugh
subject to periods of partial custody with the father and the parties shall share legal
custody as set forth in the attached Stipulation and Agreement and that said
Stipulation and Agreement is incorporated and made a part hereof and the terms
concerning the custody of the minor child, Aaron Harbaugh, born on October 20, 1995,
shall be as set forth therein.
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BY THE COllRT:
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Edgar .
~
Distribution:
--William M. Shreve, Esquire, 3618 North Sixth Street, Harrisburg, PA 17110
......David Harbaugh, 24 North Kitzer Street, Etters, PA
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Ms. Michelle 1. Louthian,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
Mr. David E. Harbaugh
Defendant
: NO. 98-2468
CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Ms. Michelle 1. Louthian , Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in fomla pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
RespectfuJly submitted,
Date 3/oZt/a
1~1-flt/~
Kathleen McKeown C--->
Certified Legal Intern
~-=: ~.^
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ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
WILLIAM G. MARTIN
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
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Ms. Michelle 1. Louthian,
Plaintiff/ Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LA W
IN CUSTODY
Mr. David E. Harbaugh,
Defendant/ Respondent
No. 98-2468
CIVIL TERM
PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY
PURSUANT TO PA R.c.P. 1915.13
AND NOW, this .2tt~ay of March, 2006, pursuant to Rule] 915.13 of the
Pennsylvania Rules of Civil Procedure, comes the Petitioner, Michelle Louthian, by her
counsel, the Family Law Clinic, seeking emergency legal custody of the minor child,
Aaron Harbaugh, born October 20, 1995, so that the child may be placed in residential
treatment at Philhaven Behavioral Healthcare Services on Monday, April 13, 2006,
despite the Father's opposition, and receive necessary medical treatment. In support of
her Petition for Emergency Relief, Petitioner avers the following:
1. The Petitioner is Michelle Louthian ("Mother"), the mother of the child,
residing at 27 Laurel Drive, Mechanicsburg, P A 17055.
2. The Respondent is David Harbaugh ("Father"), the father of the child,
residing at 3919 Rosemont Avenue, Camp Hill, PA 17011-7814.
3. The child is Aaron Harbaugh, born October 20, 1995.
4. In August of 2005, the parties filed a Custody Stipulation and Agreement with
this Court. Pursuant to that Agreement, the parties stipulated that Mother
would have primary legal and physical custody of the child until Father's
release from York County Prison on February 21, 2006. The parties agreed
that upon Father's release Mother would have primary physical custody of the
child with Father having periods of partial custody. The parties would share
legal custody of the child, including the right to make non-emergency medical
decisions for the child. On October 26, 2005, this Court issued an Order that
in essence reflected the terms of the parties' Custody Agreement and
Stipulation. Copies of the parties' Custody Agreement and Stipulation and
this Court's Order of October 26,2005, are attached as Exhibits "A" and "B"
respectively, and are incorporated by reference herein.
5. When the child was five years old, he was diagnosed with certain mental
disorders. The child has received wide-ranging treatments for those illnesses
including hospitalization at Philhaven Behavioral Health Services. He has
been taking prescribed medication to treat his illnesses since approximately
age five.
6. On December 29, 2005, Dr. Mohammed Khan, M.D., and Sandra Abbey,
eRNP, of Family Life Services, Diakon Lutheran Social Ministries,
conducted a psychological evaluation of the child. Dr. Khan and Nurse
Abbey found that the child was "unable to maintain in the community" and
recommended that the child be placed in a residential treatment facility.
7. The child was partially hospitalized at Pinnacle Health Behavioral Services
from January 30, 2006, to February 8, 2006, for the purpose of further
evaluating his condition. Upon the child's discharge, the child's doctors at
Pinnacle Health Behavioral Services recommended that he be placed in a
residential treatment facility.
8. The child is scheduled to begin residential treatment at Philhaven Behavioral
Healthcare Services on April 13, 2006. Treatment length varies by patient but
typically lasts a minimum of six months.
9. On or about March 20,2006, Father called Faith Bixler, Admissions
Coordinator at Philhaven, indicating that he does not agree with the child
being placed in residential treatment at Philhaven and will not consent to the
child's placement at the facility.
10. Counsel for Philhaven has informed the undersigned counsel for Mother that
Philhaven cannot accept the child for treatment over the Father's objection,
given the current Order of shared legal custody.
1 I. Mother believes that Father does not have a good-faith reason to object to the
child's placement in residential treatment at Philhaven.
12. Mother believes that if the child is not placed in residential treatment at
Philhaven Behavioral Healthcare Services on April 13, 2006, he will have to
wait at least six more months before Philhaven can admit him.
13. Mother believes and therefore avers that it is in the best interests of the child
that Mother be granted sole legal custody of the child, pending further order of
court, so that Mother can consent to the child's placement in residential
treatment at Philhaven Behavioral Healthcare Services over Father's
objection.
WHEREFORE, Petitioner, Michelle Louthian, respectfully requests that this
Honorable Court grant Petitioner sole legal custody of the Child, Aaron Harbaugh, so that
Mother can ensure that the child is placed in residential treatment at Philhaven
Behavioral Healthcare Services and receives necessary medical treatment.
Respectfully submitted,
3446
Date
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Kathleen McKeown C._,
C,rtH~.e.._d. - Lo~og_"l 1-""7'" _
{~~"-,
LUCY JOHNSTON-WALSH
ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
WILLIAM G. MARTIN
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013-2899
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief are
true and correct, to the best of my knowledge, information and belief. I understand
making any false statement would subject me to the penalties of 18 Pa.C.S. S4904,
relating to unsworn falsification to authorities.
Date: ,}/Jf'{)G:,
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EXHIBIT
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RECEIVED eeT 17 Z005 rJ"ft/
MICHELLE LOUTHIAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 98-2468 CIVIL TERM
DAVID HARBAUGH,
Defendant
CIVIL ACITON- LAW
CUSTODY
ORDER OF COURT
AND NOW, this .z:.h- day of 0k6- . ,.2l)05, upon
presentation and consideration of the within Stipulation and Agreement, it is hereby
ORDERED that Michelle Louthian is hereby granted primary physical and legal custody
of Aaron Harbaugh from August 26, 2005, until February 21, 2006. Following February
21, 2006, J'oilichelle Louthian will continue to have primary phy!;ical of Aaron Harbaugh
subject to periods of partial custody with the father and the parties shall share legal
custody as set forth in the attached Stipulation and Agreement and that said
Stipulation and Agreement is incorporated and made a part hereof and the terms
concerning the custody of the minor child, Aaron Harbaugh, born on October 20,1995.
shall be as set forth therein.
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BY THE COllRT: ,r;
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L--I'
Edgar ~ ey, Judge
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Distribution:
....william M. Shreve, Esquire, 3618 North Sixth Street, Harrisburg, PA 17110
i/<"f}avid Harbauqh, 24 North iG1zcr Stre.et, Etters, PA
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RECEIVED CCT 17 Z005 tJP/
MICHELLE LOUTHIAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 98-2468 CIVIL TERM
DAVID HARBAUGH,
Defendant
CML ACTION -- LAW
CUSTODY
ORDER OF COURT
AND !\lOW, this day of , 2005, upon
presentation and consideration of the within Stipulation and Agreement, it is hereby
ORDERED that Michelle Louthian is hereby granted primary physical and legal custody
of Aaron Harbaugh from August 26, 2005, until February 21, 2006. Following February
21, 2006, Michelle Louthian will continue to have primary physical of Aaron Harbaugh
subject to periods of partial custody with the father and the parties shall share legal
custody as set forth in the attached Stipulation and Agreement and that said
Stipulation and Agreement is incorporated and made a part hereof and the terms
concerning the custody of the minor child, Aaron Harbaugh, born on October 20, 1995,
shall be as set forth therein.
BY THE COURT:
Edgar B. Bayley, Judge
Di!.tribution:
William M. Shreve, Esquire, 3618 North Sixth Street, Harrisburg, PA J.7110
Dav',d Ha'-'D-' ....L. ". "0->'- v......__ "'.......^t ">>ers Da
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iVlICHELLE LOUTHIAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 98-2468 CIVIL TERM
DAVID HARBAUGH,
Defendant
CIVIL ACTION - LAW
CUSTODY
,cusrO[ll'l( S1l1tIPU!.ATION AND AGREEMENT
This agreement, made this .:)., j~y of ~c7,t/tS'/
,/
,2005,
between iVlichelle Louthian, Plaintiff, and David Harbaugh, Defendant, concerning the
parties' minor child, Aaron Harbaugh, born October 20, 1995.
WHEREAS, the parties desire to enter into a Stipulation and Agreement
as to the custody of the minor child, Aaron Harbaugh, born October 20, 1995, and to
have this Stipulation and Agreement made an Order of Court, the parties agree to the
following:
1. Plaintiff listed above, Michelle Louthian, is the natural mother of the
child, currently residing at 27 laurel Drive, Mechanicsburg, PA.
2. Defendant listed above, David Harbaugh, is the natural father of the
child,
(,?siding ?:1t ?4 NOj-th Kitz.~r Str2-.2t Etters_
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3. The parties listed above had previously been involved in a custody
action in reference to this child before This Honorable Court.
4. Following a custody conciliation conference, the mother was granted
primary physical custody with periods of partial custody to be given to the father.
5. Upon mutual consent, the parties now believe that the best interests
and welfare of the child, Aaron Harbaugh, born on October 20, 1995, would best be
served if primary physical and legal custody was with Michelle Louthian, as indicated
by their signatures below from August 26, 2005, until february 2.1, 2006.
6. following February 21, 2006, the parties desire the Mother to
maintain primary physical custody of the child with Father to have partial custody of
the child with a minimum of three hours per week and alternating weekends as
mutually agreed between the parties.
7. Following February 21, 2006, the Mother, Michelle Louthian, and the
Father, David Harbaugh, shall have shared legal custody of Aaron Harbaugh, born
October 20, 1995. Each parent, following February 21, 2006, 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.
S. In the event Father works during his period of partial custody, he will
contact mother to care for Aaron Harbaugh; alternatively, a mutually approved
caretaker will be Tound b~; Tather to care for Aaron during Father's periods or partial
t.r) A,aron to pa.rticipate :n ~ny rl'c~et1 continL!6:1 pr(x:Jrr1n~
to which he is enrolled. Any time lost by Father due to child's needed enrollment in
any such program will be made up at times as mutually agreed between the parties.
9. Father agrees to maintain Aaron's medication regimen during his
periods of partial custody.
10. Neither Parent is allowed to drink while driving with the child during
periods of custody with the child. If either parent is under the influence of alcohol at a
pick up or drop off the child cannot go with that parent.
.11. David Harbaugh has had the opportunity to seek the advice of
counsel prior to execution of this stipulation and Agreement, and hereby acknowledges
that he has not entered into this Stipulation and Agreement concerning custody of
their minor child under duress or coercion or threats of any manner. The parties
hereto desire that this Stipulation and Agreement be made an Order of Court.
12. It is understood by both parties that this Stipulation and Agreement
is entered with the best interests of Aaron Harbaugh in mind.
Date: 8- 2.!Y- iJ5
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David Harbaugh, Deli
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IN THE COURT OF COM~~
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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v.
CIVIL ACTION - LA W
IN CUSTODY
Mr. David E. Harbaugh,
Defendant! Respondent
No. 98-2468
CIVIL TERM
ORDER OF COURT
AND NOW, this ~5lia:ay of/'Y\o (f t 2006, upon consideration of the attached
Petition for Special Relief, a hearing regarding this Petition for Special Relief is hereby
scheduled for the ~U\ day of ~, 2006 at _l'A') o'clock iL M in
Courtroom Number ()., Cumberland County Courthouse, Carlisle, Pennsylvania
17013, at which time the parties shall appear in person.
BY THE COURT
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Mr. David E. Harbaugh,
Plantiff/Petitioner
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:IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVAINIA
: CIVIL ACTION - LAW
: IN CUSTODY
Ms. Michelle L. Louthian,
Defendant/Respondent : No. 98-2468
CIVIL TERM
PETITON FOR SPECIAL RELIEF SEEKING
EMERGENCY CUSTODY PURSUANT TO PA R.C.P.1915.3
AND NOW, this 7th day or April, 2006, pursuant to rule 1915.13 of the
Pennsylvainia Rules of Civil Procedure, comes the Petitioner, David Harbaugh
seeking emergency legal custody of the minor child, Aaron Harbaugh, born
October 20,1995, sothat the child may be placed in a stable and safe
environment free from iminetmortal danger mental and/or emotinal abuse, 2
threats of severe bodily harm and fear of life, In support of his Petitionfor
Emergency eflief, Petitoner avers the following:
1. The Petitioner is David Harbaugh ("Father"), the father of the
child,residing at 3919 Rosemont Avenue, Camp Hill, Pa 17011-7814.
2. The Respondent is Michelle Louthian ("Mother"), the mother of the
chilld,residing at 27 Laurel Drive, Mechanicsburg, Pa 17055.
3. The child is Aaron Harbaugh, born October 20, 1995.
4. On March 28th 2006, the mother filed a Petition for special
reliefseeking emergency custody pursuant to PA R.C.P. 1915.13 Withwith this
honorable court, in the Petition mother states that father does not have a good-
faith reason for objecting to child's placement in Philhaven Behavior Sevrives.
5. On October 26 2005, this court issued that is essence reflected the
terms of parties' Custody Agreement and Sipulation that order reflects that
father had the child's "best interests" in mind as father did not want
incarceration to hinder mothers concernes for necessary treatment for child for
the six months father was to be confiend.
6. The child has been in and out of treatment facilities approximately eight
times since age five, these "visits" were at Hershey Physchiatric Ward, Kids
Peace in Allentown and Philhaven. All of these admissions were done when an
incident happend in mothers care. Father objected to these placements but only
times since age five, these "visits" were at Hershey Physchiatric Ward, Kids
Peace in Allentown and Philhaven. All of these admissions were done when an
incident happend in mothers care. Father objected to these placements but only
once did father refuse child to stay admitted. That was the first admission to
Kids Peace when father was at Holy Spirt Emerngancy Room during intake he
was not informed at the father's consent was needed for child's admission. On
father's first visit to the Kids Peace he voiced his objections he was infomed that
the child could not stay without mutual parental consent. Child was real eased 3
days later. Child as been in and out of Hershey Psyciatic approximatly three or
four times since with father in full support of child's treatment, medication and
after care.
7. To the best of fathers knowledge mother was diagnosed as Bi-Polar
Manic Depressive since about 14 years of age. She also was a patient of Dr.
Brandt (past) and Dr.Kahn (present) and nurse Sandra Abbey refered to in
Paragraph 6 of mother Petition dated 28th of March 2006. Mother cancelled an
appointment and had child fill it becasue son needed it more according to
mother.This was ok with abbyMothers most recent in-patient treatment
wasduring the Christmas holidays of 2003-2004. This was a self admission
mother checked in and checked herself out with no after care plan or change of
medications and no doctor.
8. Mother's irrational behavior has been shown to many past and present.
Fathers input during numerous discussions with the mental health profession
has centered on child's "Learned behavior" from mother;'On Tuesday april 4th
2006 at the stevens center Father's concerns about the violenUchaotic
environment child endures on a daily basis goes ignored by anyone unfamiliar
to mother's malicious and devious nature.
9. Mother has repeatedly abused and violated the visitation order issued
by the honorable Judge Baley on 27th of July 1998. Father and child have lost
weekend and daily visits when mother deems fit. Child's maternal grandparents
have also have been denied planed visits. This causes the child repeated stress
and frustration. Father contacted the appropiate police force concerving these
violations until father became frustrated with the authorities inability to enforce
the order and due to financial constraints unable to pursue the matter legally.
These incidents of denied court ordered visitation were often done in front of
child at an inappropriate age and mother continues to manipulate this order as
of this week. Mother will often not send child's medication on fathers weekend
then blameson father for not gettin them. This is done by mother with extream
malice towards child, father and maternal grandparents. The "evil" behavior by
mother has greatly affected the child and is a huge factor in child's disruptine
behavior at school and at mothers.
10. Mothers irrational behavior is a record of court in York County. Mother
has an older son, Zachary Louthianborn 19th of October 1991. This child was
diagnosed as "troubled" approxemently same age as younger son, Aaron.
During my relationship with mother and Zack, I saw and heard abuse, harass,
and threaten this child from ages five through ten. I stopped this behavior by
mother when I was present. Zach wasfinally placed in his father's custody when
his school (Filbert Street E1ementry) testified in York County court that marks on
Zach's neck was from mother's hands. Zach had told school officials that his
mother was trying to strangle him to death. Since I met this boy in 1994, He
had been on numerous medications for ADHD and other disorders his mother
had him diagnosed with by other mental health professionals. Since being
placed in his fathers custody his mother has signed off all parental rights and
responsibilities. This older son has been off medications since the changein
custody. No more outbursts, social skills have improved dramatically and self-
esteem is normal from the time his enviroment changed. That has been another
detremental action by mother mother. They have made it clear that any legal
paperwork or personal testimony they can provide will done so at any time. The
older son hates his biological mother and never wantes to see her ever again
with just cause. I do not want our son, Aaron, to go in this direction. Mothers
irrational and abusive nature is doing exactly this to the child.
Mothers youngest has been diagnosed as "mildly retarded." This just keeps
going for these children.
11. Father and Mother's relationship was marked with repeated visits by the
local police. Her current relationship also. Father requested these records but
due to the late notice of this honorable court's hearing have not received
response from two of the police department's contacted and the third, Upper
Allen has responded denying fathers request without court ordered documents.
12. Child has told father that mother had told him that she was going to
placement when she was a teenager but instead went to live with different
relatives. Father wishes the same for child, to live with father, father's sisters
any relative maternal or paternal before six months at a strange facility fourty
five minutes from any family or friends.
13. Due to mothers "evil, Malicious and devious "behaviors past and
pressent and her court recorded life-threatening actions against her oldest
"former" son. This father begs the honorable Judge to give the father immediate
emergency custody of child, Aaron. Keep in mind that when her children do not
buckle to mothers "complete control" and exhibit any resemblance of
independence, mother has progressed from mental and emotional abuse to
moratal bodily harm. The threat of bodily harm was issued from mothers mouth
towards child on April 3rd 2006. Child told mother he was going to call 911.
Then mother changed her behavior. The volatile actions and terroristic threats
should not be endured by anyone, expecially a "troubled child" ten years old.
WHEREFORE, Petitioner, David Harbaugh, respectfully requests
that this honorable court grant Petitioned sole legal custody of the child, Aaron
Harbaugh, to and any visitation granted to mother be supervised until child and
father are comfortable with unsuperviser visits with mother.
Respectfully sumbitted,
4---1- Ob
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Date
David Harbaugh
Father of Child
VERIFICATION
I verify that the statements made in the foregoing Petition for Special
Relief are true and correct, to the best of my knowlege, information and belief. I
understand making any false statements would subject me to the penalties of
18 Pa.C.S 4904, relating to unsworn falsification to authorites.
Date: 4-~-l-cb
David Harbaugh, Petitioner
this order as of this very week.
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Ms. Michelle 1. Louthian,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN CUSTODY
Mr. David E. Harbaugh,
Defendant
: NO. 98-2468
CIVIL TERM
CERTIFICATE OF SERVICE
I, Angel Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served
a true and correct copy of the Petition for Special Relief in the above-captioned case on Mr.
David E. Harbaugh, residing at 3919 Rosemont Avenue, Camp Hill, PA 17011-7814, by
personal service on April 4, 2006, at 6:30 p.m..
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Angel Revelant
Certified Legal Intern
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Lucy(Jo ~on-Walsh
Supe Ising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PAl 70 13
(717) 243-2968
Fax: (717) 243-3639
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MICHELLE L. LOUTHIAN,
PLAINTIFF/PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID E. HARBAUGH,
DEFENDANVRESPONDENT
98-2468 CIVIL TERM
ORDER OF COURT
AND NOW, this --1 C>
day of April, 2006, following a hearing on a
petition for emergency relief, IT IS ORDERED that Paragraph 7 of the current custody
order of October 26,2005, IS VACATED and replaced with the following: The mother
Michelle Louthian is granted temporary legal custody of Aaron Harbaugh, born October
20,1995.'
By the Court,
,.//
Kathleen McKoewn, Certified Legal Intern
The Family Law Clinic
For Plaintiff
~id E. Harbaugh, Pro se t
3913 RosemontAvenue
Camp Hill, PA 17011
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I This order is entered so the mother can obtain the necessary residential
treatment for Aaron at Philhaven. The suggestion by the father that physical
custody should be transferred to him is wholly impractical at this time. The
program at Philhaven is family directed and will allow both the mother and father
access to Aaron during his time in residence.
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TIME : 04/11/2006 14:58
I lAME : PROTHOHOT AR'i C LONG
FAX: 7172486573
TEL :
SER.# ; BROH3J606381
-
TRAIISMISSlOI1 \/ERIFICA TION REPORT
DATE, TIME
FA>: NO. /NAME
DURATION
PAGE(S)
F~ESUL T
~.10DE
04/11 14: 57
g243353'3
00:00:58
02
Of(
STANDARD
ECH
OFFICE OF THE PROTHONOTARY
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, P A 17013-3387
(717) 240-6195
To:
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Fax#
From:
Cumberland County Prothonotary
RE:
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Message:
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MICHELLE L. LOUTHIAN,
PLAINTIFF/RESPONDENT
V.
DAVID E. HARBAUGH,
DEFENDANT/PETITIONER
AND NOW, this
,",0
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98-2468 CIVIL TERM
ORDER OF COURT
day of April, 2006, the petition of David E.
Harbaugh for emergency relief, IS DENIED.1
Edgar B. Bayley, J.
Kathleen McKoewn, Certified Legal Intern
The Family Law Clinic
For ,~Iaintiff
"~id E. Harbaugh, Pro se
3913 Rosemont Avenue
Camp Hill, PA 17011
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] See the order entered this date on the petition of Michelle Louthian for
emergency relief.
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Ms. Michelle 1. Louthian,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
Mr. David E. Harbaugh
Defendant
: NO. 98-2468
CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Ms. Michelle 1. Louthian , Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Respectfully submitted,
D,,"~M06
/
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Certified Legal Intern
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ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
WILLIAM G. MARTIN
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
>.
MICHELLE LOUTHIAN,
Plaintiff/ Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
CIVIL ACTION - LA W
IN CUSTODY
DAVID HARBAUGH,
Defendant! Respondent
No. 98-2468
PETITION FOR SPECIAL RELIEF SEEKING MODIFICATION OF THE
PRIOR COURT ORDER PURSUANT TO P A R.C.P. 1915.13
AND NOW, this /1*ctay of April, 2006, pursuant to Rule 1915.13 of the
Pennsylvania Rules of Civil Procedure, comes the Petitioner, Michelle Louthian, by her
counsel, the Family Law Clinic, seeking modification of this Court's Order of April 1 0,
2006, giving her emergency legal custody of the minor child, Aaron Harbaugh, born
October 20, 1995, so that the child could be placed in residential treatment at Philhaven
Behavioral Health Services and receive necessary medical treatment. Petitioner
respectfully requests emergency legal custody of Aaron Harbaugh so that he may be
placed in a residential treatment facility, particularly The Bradley Center in Pittsburgh,
Pennsylvania on April 25, 2006. In support of her Petition for Emergency Reliet~
Petitioner avers the following:
I. The petitioner is Michelle Louthian ("Mother"), the mother of the child, residing at
27 Laurel Drive, Mechanicsburg, Pennsylvania 17055.
2. The respondent is David Harbaugh ("Father"), the father ofthe child, residing at 3919
Rosemont Avenue, Camp Hill, Pennsylvania 170 11-7814.
3. The child is Aaron Harbaugh, date of birth October 20,1995.
4. On October 26, 2005, this Court issued an Order in the above-captioned action
pursuant to a stipulation and Custody agreement of the parties. The Order granted
Mother primary legal and physical custody of the child until Father's release from
York County Prison on February 21, 2006. Upon Father's release, Mother would
have primary physical custody of the child and share legal custody with Father.
5. On March 28, 2006, Mother filed a Petition for Special Relief Seeking Emergency
Custody Pursuant to PA R.C.P. 1915.13. Mother sought emergency legal custody of
the child so that the child could be placed in residential treatment at Philhaven
Behavioral Healthcare Services on April 13,2006, despite Father's opposition to the
child's placement at that facility.
6. After a hearing, by Order on April I 0, 2006, this Court granted Mother the relief she
requested, giving her temporary legal custody of the child. A footnote to the April
10, 2006 Order provides that temporary legal custody was granted to Mother so that
she could obtain the necessary residential treatment for the child at Philhaven.
7. In order for Philhaven to admit the child, Mother's insurance company needed to
authorize the child's placement at Philhaven by no later than April I 1,2006.
8. On April I 1,2006, undersigned counsel notified Mother of the April 10,2006 Order.
9. Mother notified her insurance company of this Court's April 10,2006 Order on April
11,2006, but the insurance company did not authorize the child's placement at
Philhaven until April 13, 2006. Consequently, Philhaven was unable to admit the
child into residential treatment. Mother cannot be provided a specific date for the
next available admission.
10. On April 12,2006, Ms. Angela Burge, Aaron's intensive case manager, through the
Stevens Center, secured admission for the child at The Bradley Center which is
located in Pittsburgh, Allegheny County, Pennsylvania. The child is scheduled to
begin residential treatment at The Bradley Center on or about April 25, 2006. Ms.
Burge is also seeking to locate a facility for Aaron's case closer to home. Approval
for this admission from the health insurance provider was obtained on April 13, 2006.
I I. Similar to Philhaven Behavioral Healthcare Services, the duration of residential
treatment varies by patient but typically lasts a minimum of six months. Also similar
to Philhaven, the residential treatment program at Bradley Center will allow both
Mother and F ather access to the child during his time in residence.
12. Mother is filing this Petition because she believes that this Court's April 10,2006
Order only gives Mother the authority to place the child in residential treatment at
Philhaven Behavioral Healthcare Services.
13. Mother believes and therefore avers that it is in the best interests ofthe child that
Mother be granted temporary sole legal custody of the child, pending further order of
court, so that Mother can consent to the child's placement in a residential treatment
facility.
WHEREFORE Petitioner, Michelle Louthian, respectfully requests this Honorable
Court grant Petitioner temporary sole legal custody of the Child, Aaron Harbaugh, so that
Mother can ensure that the child is placed in a residential treatment facility.
Respectfully submitted,
~/5~
Date
Kathleen McKeown
Certified Legal Intern
LUCY JOHNSTON-
ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
WILLIAM G. MARTIN
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013-2899
(7 I 7) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief are
true and correct, to the best of my knowledge, information and belief. I understand
making any false statement would subject me to the penalties of 18 Pa.C.S. 94904,
relating to unsworn falsification to authorities.
Date:
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MICHELLE L. LOUTH IAN,
PLAINTIFF/PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID E. HARBAUGH,
DEFENDANT/RESPONDENT
98-2468 CIVIL TERM
ORDER OF COURT
AND NOW, this
lo,
day of April, 2006, no hearing will be
scheduled on the within petition for emergency relief.1
Kathleen McKoewn, Certified Legal Intern ,{'~ :J4~"'" rJLL'PN._&.4
The Family Law Clinic (/ ?
For Plaintiff
David E. Harbaugh, Pro se - -t),?-:fe'e /h4J# ~//.f).',
3913 Rosemont Avenue
Camp Hill, PA 17011
:sal
I The order entered on April 1 0, 2006, granting Michelle Louthian "temporary
legal custody of Aaron Harbaugh, born October 20, 1995," is legally sufficient for
the mother to make a decision to have Aaron admitted for residential treatment,
whether in Philhaven or another appropriate facility.
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
: CUSTODY
Ms. Michelle 1. Louthian,
Plaintiff
Mr. David E. Harbaugh,
Defendant
: NO. 98 - 2468
CIVIL TERM
CERTIFICATE OF SERVICE
I, Kathleen McKeown, Certified Legal Intern, Family Law Clinic, hereby certify that I
served a true and correct copy of the Petition for Special Relief on Mr. David E. Harbaugh,
residing at 3919 Rosemont Avenue, Camp Hill, PA 17011 by depositing a copy of the same in
the United States mail, certified, restricted delivery, return receipt requested, postage prepaid.
Service was complete upon receipt by Mr. David E. Harbaugh, on the Sth day of May, 2006, as
evidenced by the attached green card.
1cjjJwt!1'kt~-
Kathleen N. McKeown :....=:.-c:=;
Certified Legal Intern
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FAMILY LAW CLINIC
4S North Pitt Street
Carlisle, P A 17013
(717) 243-2968
Fax: (717) 243-3639
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