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HomeMy WebLinkAbout99-07424 (2) "f M ;? 'a ?l ?i ir? .:.< +fi ,'.'? di -'j•ii 1; ?id. Sf`' 1, \. ::?' {? ?? I 8.? '???? i? i k' ??Y ?` DEBORAH L. KEEFER IN TIII, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN E. SHUGHART 99-7424 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER 3F COURT Wednesday, June 06, 2001 , upon consideration of the attached Complaint, AND NOW, Hubert X Gilroy Esq. the conciliator, it is hereby directed that parties and their respective counsel appear before Thursda ,June 28, 2001 at 9:30 a.m. at 4th Floor, Cumberland Count Courthouse, Carlisle on 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. All children age five or older may o also be pr e e t dc?he conference. Failure to appear at the conference may provide grounds for entry of a temporary perman 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/ Hi&e c n v •1 F n 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 F GU;?TY f ?G ? ? DEBORAH L. KEEFER. Plainti117Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-7424 CIVILTrRM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this , upon consideration of the attached Petition it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , Pennsylvania, on the day of 2001, at A.M./P.M. 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. All 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: Custody 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. PA 17013 (717) 249-3166 1-800-990-9108 DEBORAH L. KEENER, Plaintif171'etitioner v. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT 017 COMMON PLEAS ON CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, conies the Petitioner, Deborah L. Keefer, by and through her legal counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: The Petitioner is the above-named Plaintiff, Deborah L. Keefer, an adult individual currently residing at 336 West Main Street. Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is the above-named Defendant, Kevin E. Shughart, an adult individual currently residing at 24 Garden Parkway, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the children, Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 4. The parties are subject to an Order of Court dated March 13, 2001, which references a previous Order date February 2, 2000, attached hereto and incorporated herein by reference as Exhibit 'A' and Exhibit '13' respectively. COUNT I-CONTEMPT PART I 5. Paragraphs I through 4 are incorporated herein by reference. 6. Since the entry of the Court's Order of February 2, 2000, the children have primarily resided with the Petitioner. 7. The prior Order of February 2, 2000 was modified by subsequent Order dated March 13, 2001. 8. Specifically, in Paragraph IA of the March 13, 2001 Order, Respondent was required to undergo alcohol/drug evaluation to be performed by a qualified professional, and to share results of said evaluation with legal counsel within sixty (60) days of March 13, 2001. 9. The purpose of the Court-ordered evaluation was to address the Petitioner's allegations that Respondent's alcohol/drug dependency interferes with his ability to care for the minor children at issue. 10. Subsequent to the March 13, 2001 Order, Respondent informed Petitioner that he did not believe that the alcohol/drug evaluation was necessary, and that, accordingly, lie would not seek such an evaluation. 11. More than sixty (60) days have elapsed since the entry of the March 13, 2001 Order, and Petitioner nor her counselor have received any indication that Respondent has sought an alcohol/drug evaluation. PART 11 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. The Order of March 13. 2001, further mandated in Paragraph IC that Respondent's overnight visitation with the children world be exercised at paternal grandmother's home. 14. The requirement that overnight visitations take place at paternal grandmother's home was deemed appropriate until Respondent employed the alcohol/drug evaluation in order to convince the Court of his fitness to exercise overnight visitation of the children in his own (tome. 15. Since the entry of the March 13, 2001, Order Respondent has regularly exercised overnight visitation with the children outside of the maternal grandmother's home over the repeated objections of Petitioner. PART III 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. The Court Order of February 2, 2000, in Paragraphs 4A, 413, and 4C, proscribes specific times at which the parties are to exchange custody. 18. Respondent has routinely returned the children into Petitioner's care thirty to forty-five minutes past the proscribed times. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to find the Respondent in contempt of the existing Order, grant the requested modifications as detailed below, grant any reasonable attorney's fees incurred by the Petitioner, and such other relief as the Court deems fit. COUNT If - MODIFICATION PARTI 19. Paragraphs I through 18 are incorporated herein by reference. 20. The current Order of March 13, 2001, grants overnight visitation of the children at the paternal grandmother's home, pending further alcohol/drug evaluation of the Respondent. 21. Petitioner has consistently maintained that Respondent's problems with alcohol/drug dependency have interfered with his ability to exercise overnight visitation, and further contends that Respondent's continued refusal to seek help with his alcohol/drug dependency supports her contention. 22. Respondent has not followed the Court-ordered safeguard, as referenced in Paragraph 14 of this Petition, which indicates that the existing Order of March 13, 2001, required Respondent to exercise overnight visitation of the children at the paternal grandmother's home. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to modify the existing Order such that Respondent would no longer exercise periods of overnight visitation with the children until he has met the conditions of the March 13, 2001 Order, and acquired a evaluation deeming overnight visits with the children appropriate. PART II 23. Paragraphs I through 22 are incorporated herein by reference. 24. The existing Order of February 2, 2000, requires multiple-scheduled exchanges over the parties' rotating two-week period. 25, Respondent has demonstrated unwillingness to follow the proscribed exchange times in the Order, and his reoccurring inability to maintain a driver's license has made multiple custody exchanges throughout the weekdays problematic. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to modify the existing Order such that weekday custody exchanges would be curtailed and/or eliminated from the existing Order. PART III 26. Paragraphs I through 25 are incorporated herein by reference. 27. The existing Order of February 2, 2000, in Paragraph 4A, requires Respondent to receive the children on Thursday evening at 6:00 p.m. and to return the children to their school/daycare on the following Monday morning. 28. Respondent's history of returning the children in an untimely fashion has unduly interfered with the children's schooling. 29. Furthermore, the children have incurred problems regarding their school/daycare due to Respondent's inability to return them fit and presentable following overnight visits. WHEREFORE , the Petitioner, Deborah L. Keefer, respectfully request this Honorable to Court to modify the existing Order of Court such that Respondent's periods of partial physical custody would be on alternating weekends such that Respondent would have custody on Saturday from 10:00 a.m. until 7:00 p.m., and on Sunday from 10:00 a.m. until 6:00 p.m. PART IV 31. Paragraphs I through 29 are incorporated herein by reference. 32. The natural mother of the children is Deborah L. Keefer. She is single. 33. The natural father of the children is Kevin E. Shughart. He is single. 34. The relationship of the Petitioner to the children is that of natural mother. 'file natural mother currently resides with the children. 35. The relationship of the Respondent to the children is that of natural father. The natural father currently resides with his girlfriend. 36. The Petitioner is not currently participating as a party or as a witness in any other capacity in litigation concerning the children with the exception of the litigation specifically addressed above in this Petition. 37. The Petitioner has no information of a custody proceeding concerning the children pending in any other Court of this Commonwealth. 38. The best interest and permanent welfare of the children will best be provided for by modifying the existing order for the following reasons: (a) Respondent has not established that he is currently capable of providing suitable overnight accommodations for the children. (b) Unsuitable overnight stays and custody exchange times have negatively affected the children's schooling. (c) Petitioner's requested modifications would provide for a more workable Order tinder the current conditions, and facilitate her in providing a more stable environment for the children. 39. 'file Petitioner does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. R -', WIiEREFORE. the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to schedule a Custody Conciliation Conference to address the above issues. Respectfully submitted, Date.. a l -U -"? 2 _:c Tomas S. iehl, Esquire Mislitsky & Diehl Supreme Court I.D. No. 78942 One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717)240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. z ,DI:BORAFI L. KEEE j e ti er EXHIBIT A DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY COURT ORDER AND NOW, this 13 day of Nlarclb 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Court's prior order of February 2, 2000 shall remain in place subject to the following modifications: A. Father shall undergo an alcoholldrug evaluation to be performed by a qualified professional. The results of that evaluation shall be shared with legal counsel for both parties, with the evaluation and the results provided within sixty (60) days from the date of this Order. If the counselor deems it appropriate, the counselor can also indicate in their findings whether any problems the Father may have at this particular time interfere with the Father's ability to care for the minor children who are the subject of this Court Order. B. Father shall not consume alcohol or illegal drugs during the time he has custody of the children. C. Father's over4tt visitation with the children sha!l be erwrcised at Father's mother's home. D. Upon the conclusion of the evaluation, legal counsel for both parties may contact the Custody Conciliator for a telephone confererc 2 --all. The purpose of this call will be to address whether the grandmother's continued supervision on overnight visitation is required and also whether there its any follow up recommendation from the counselor. E. Father shall execute the appropriate releases for his cou^°,!or to authorize the counselor to release the mentioned information legal counsel for both parties. RECEIVED MAR 1 J ?001 DEBORAH L. KEEFER, IN TIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN E. SHUGHART, NO. 99 - 7424 CIVIL Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigncd Custody Conciliator submits the following report: I, The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, bom April 8,1995 and Rebecca C. Shughart, bom March 24, 1997. 2. A Conciliation Conference was held on March 7, 2001, with the following individuals in attendance: The Mother, Faamily Law Keefer, with and e the Father, Kevin E. Shughart, with his School of La counsel, James J. Kayer, Esquire. 3. Based upon the information received at the Custody Conciliation Conference, the Conciliator recommends the entry of an order in the form as attached. (A U DATE r-._ _.m I EXHIBIT B im 3'1 20000/ DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY COURT ?QRDER liaAg/ AND NOW, this 9 day of J-2-0-MAW,- 009 von consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior custody orders entered in this case are vacated. 2. The Mother, Deborah L. Keefer, and the Father, Kevin E. Shughart, shall enjoy shared legal custody of Cecilia N. Shughart, born April 8, 1995 and Rebecca C. Shughart, born May 24,1997. 3. The Mother shall enjoy primary Physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Thursday evening at 6:00 p.m. through Monday morning at which time Father shall deliver the children to their scheduled daycare. Additionally, during the day on Friday when the Father has custody he shall also ensure that the children attend the scheduled daycare. ii. On the week after the weekend Fatter exercises custody, he shaii enjoy temporary custody of the children on Tuesday and Thursday evening from after school until 8:00 p.m. C. On the weekend after Father does not have custody, Father shall enjoy temporary custody of the tninor children on Monday evening from after school until 8:00 p.m. 5. The parties shall share custody of the children on major holidays and the children's birthdays in accordance with a schedule to be agreed upon at a later date. If no agreement is reached, the parties will alternate the custody of the minor children on the following holidays: New Year's Day, Memorial Day, July 0, Labor Day, Thanksgiving, Christmas Eve, Christmas and the children's birthdays. The times are to be mutually agreed upon by the parties. 6. Father shall handle all transportation for exchange of custody. Both parties are entitled to receive all medical, dental and educational records for the minor children and both parties are directed to share whatever medical, dental, educational and other pertinent important records they have of the children with the other parent. 8. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. The times are to be mutually agreed upon by the parties. This provision and the holiday provision set forth above shall supersede any alternating weekend schedule or other custody schedule. 9. The parties may modify this Order as they agree. However, absent an agreement between the parties, this Order shall control. 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT. ? n Edgar B. B yley cc: Tom Greene Dickinson School of Law Family Law Clinic James Kayer, Esquire 0i ad Thi .. . 9 prothonotery DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN E. SHUGHART, NO. 99-7424 CIVIL Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8,1995; and Rebecca C. Shughart, bom May 24, 1997. 2. A Conciliation Conference was held on January 21, 2000, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her student attorney Todd Greene of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. R OU (?'e Gilroy, Esquire/ DATE Custody Conca:avx- A 4 MISLITSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLITSKY* KIMBERLY L. HOUGH LEGAL ASSISTANT KATHIE J. DIEHL LEGAL SECRETARY REPLY TO: CARLISLE Hon. Edgar B. Bailey Cumberland County Courthouse Carlisle, PA 17013 Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 RE: Keefer v. Shughart No. 99-7424 In Custody Dear Honorable Judge Bailey: ONE WEST HIGH STREET SUITE 20B P.O. BOX 1290 CARLISLE. PENNSYLVANIA 17013 (717) 240-0833 14 NORTH MAIN STREET SUITE 550 CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-0208 (717) 240.0893 - FACSIMILE FILE No. 01156 March 17, 2003 Please find two copies of the Plaintiff/Mother's memorandum for the above captioned matter to be heard today at 1:30 p.m. I apologize to the Court and attorney Orr for its tardiness. This matter was previously scheduled, and I had mistakenly believed that Mother's memorandum had been previously submitted at the earlier hearing date. VThomas S. Diehl TSD/klh cc: Deborah L. Keefer CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY DEBORAH L. KEEFER, Plaintiff V. KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MEMORANDUM OF MOTHER DEBORAH L. KEEFER rpctodv Hictnrv and Pncitinn: The parties are Deborah L. Keefer (hereinafter "Mother"), who currently resides at 336 West Main Street, Mechanicsburg, Pennsylvania, and Kevin E. Shughart (hereinafter "Father"), who currently resides on Bedford Street in Carlisle, Pennsylvania. The parties are the natural parents of Cecilia N. Shughart, born April 8, 1995 (age 7 years, 11 months), and Rebecca C. Shughart, born May 24, 1997 (age 6). The parties were never married. The parties are operating under a custody order dated October 2, 2001 in which Father receives periods of temporary custody on alternating weekends from Wednesday at 8:00 a.m. through Monday at 8:00 p.m. Additionally, Father has custody every Wednesday from 8:00 a.m. through Thursday at 8:00 a.m. Mother works a first shift position Monday through Friday at Heinz Foods. Father has a sporadic work history, and his current employment status is unknown to Mother. At issue is Mother's desire to reduce Father's contact with the children during the school week, and reallocate that time during the summer months. Mother believes this will create a more stable schedule for the children as they currently have spotty attendance at school that she asserts is due in large part to Father's erratic schedule, and his inability to transport the children to school, as he lives outside the childrens school district and does not possess a driver's license. In support of Mother's claim, she is prepared to submit school attendance records showing that over the past two years, the children have had better attendance during the periods when Father was incarcerated and she was therefore solely responsible for getting them to school. [], 3yitn csec and Antl ClnatCd TPCtIM=: a. Deborah L. Keefer, Mother: Mother will support her assertion that the children will perform better at school and will benefit generally by exercising under a more stable weekly schedule. b. Claudia E. Stranacher, Maternal Grandmother: This witness is able to testify regarding her observations of both Mother and Father's parenting abilities. C. Tina Hildebrandt, Day care provider: Ms. Hildebrandt can testify regarding Father's volatile and hostile behavior during past custody exchanges. d. The children at issue will also be available should the Court desire to speak with them Respectfully submitted. Date: Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 CERTIFICATE OF SERVICE I hereby certify this 17°i day of March 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile and/or hand delivery: Hon. Edgar B. Bailey Cumberland County Courthouse Carlisle, PA 17013 Hand delivered Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Fax(717)258-5289 via facsimile By Thomas S. Diehl, Esq. DEBORAH L. KEEFER, Plaintiff V. KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY I. cmwdy-u tnrv and Pncitinn The parties are Deborah L. Keefer (hereinafter "Mother"), who currently resides at 336 West Main Street, Mechanicsburg, Pennsylvania, and Kevin E. Shughart (hereinafter "Father"), who currently resides on Bedford Street in Carlisle, Pennsylvania. The parties are the natural parents of Cecilia N. Shughart, born April 8, 1995 (age 7 years, I1 months), and Rebecca C. Shughart, born May 24, 1997 (age 6). The parties were never married. The parties are operating under a custody order dated October 2, 2001 in which Father receives periods of temporary custody on alternating weekends from Wednesday at 8:00 a.m. through Monday at 8:00 p.m. Additionally, Father has custody every Wednesday from 8:00 a.m. through Thursday at 8:00 a.m. Mother works a first shift position Monday through Friday at Heinz Foods. Father has a sporadic work history. and his current employment status is unknown to Mother. At issue is Mother's desire to reduce Father's contact with the children during the school week. and reallocate that time during the summer months. Mother believes this will create a more stable schedule for the children as they currently have spotty attendance at school that she asserts is due in large part to Father's erratic schedule, and his inability to transport the children to school, as he lives outside the children's school district and does not possess a driver's license .,I .- In support of Mother's claim, she is prepared to submit school attendance records showing that over the past two years, the children have had better attendance during the periods when Father was incarcerated and she was therefore solely responsible for getting them to school. II. Witnesses and Anti ied Testimony.: a. Deborah L. Keefer, Mother: Mother will support her assertion that the children will perform better at school and will benefit generally by exercising under a more stable weekly schedule. b. Claudia E. Stranacher, Matemal Grandmother: This witness is able to testify regarding her observations of both Mother and Father's parenting abilities. C. Tina Hildebrandt, Day care provider: Ms. Hildebrandt can testify regarding Father's volatile and hostile behavior during past custody exchanges. d. The children at issue will also be available should the Court desire to speak with them. Respectfully submitted, Date: J?- ?Z Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 CERTIFICATE OF SERVICE I hereby certify this 17a' day of March 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile and/or hand delivery: Hon. Edgar B. Bailey Cumberland County Courthouse Carlisle, PA 17013 Hand delivered Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Fax(717)258-5289 via facsimile By Thomas S. Diehl, Esq. DEBORAH L. KEEFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-7424 CIVIL ACTION LAW KEVIN E. SHUGHART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Thursday, April 03, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute-, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court 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: Is/ Hobert X Gilroy 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SIiOULD 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 WI-I ERE YOU CAN GET LEGAL KELP. Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 03 ?n y MAR 1 7 2003 65 DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN E. SHUGHART, DEFENDANT 99-7424 CIVIL TERM ORDER OF COURT AND NOW, this 17 day of March, 2003, upon agreement of counsel the case is continued generally and referred back to conciliation. By the Edgar B. Bayley, Thomas S. Diehl, Esquire For Plaintiff Paul B. Orr, Esquire For Defendant Co Administrator :sal MAY 1 3 2003 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN E. SHUGHART, NO. 99 - 7424 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this M day of May, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior custody orders entered in this case are modified as follows: A. Father's periods of temporary physical custody with the minor children shall be on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Mother shall handle transportation for exchange of custody on the weekends. B. Additionally, Father shall have periods of temporary physical custody with the minor children on at least two evenings per week, the times to be arranged between the parties. These shall be evening visitations during the school year and shall not be over night during the school year. Transportation for exchange of custody shall be shared on these weekday evenings. 2. Legal counsel for the parties shall work between themselves with respect to defining a summer schedule that will attempt to provide Father with additional time in the summer to replace the time he is loosing under the existing Wednesday through Monday alternating weekend custody arrangement. In the event counsel for the parties are unable to reach an agreement on this issue, they may contact the conciliator for another custody conciliation conference via a telephone conference call. 3. Upon Father receiving a driver's license, transportation for exchange of all custody shall be shared between the parties. 4. In all other respects, the prior custody orders in the above matter shall remain in effect. BY THE COURT, Edgar B. Bayley cc: ,ofaul B. Orr, Esquire ,Thomas S. Diehl, Esquire ? ?lOpiC,9 `? RK3 5-15-03 J. _ C_; DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY KEVIN E. SHUGHART, Defendant NO. 99- CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Deborah L. Keefer, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Deborah L. Keefer, residing at 12 Courtland Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is Kevin E. Shughart, residing at 24 Garden Parkway, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Cecilia N. Shughart 12 Courtland Road April 8, 1995 Camp Hill, PA 17011 Rebecca C. Shughart C12 Courtiand amp Hill, PA 17011 May 24, 1997 The children were born out of wedlock. The children are presently in the custody of Deborah L. Keefer. During the past five years, the children have resided with the following persons and at the following addresses: i Persons Addresses Dates Deborah L. Keefer 12 Courtland Road 10/3/99 to Claudia Stranacher Camp Hill, PA 17011 present (Materna l Grandmother) Robert S tranacher Deborah L. Keefer 6 Koser Road 2/12/99 to Shippensburg, PA 10/3/99 Deborah L. Keefer 1 Bellaire Ave., 2/1/99 to Kevin E. Shughart Carlisle, PA 2/12/99 Deborah L. Keefer 295 W. Main Street 10/98 to 1/99 Kevin E Shughart Newburg, PA Deborah L. Keefer 355 Water Dr., N.C. 3/98 to 9/98 Kevin E. Shughart Deborah L. Keefer Surf Condos, N.C. 4/97 to 3/98 Kevin E. Shughart Deborah L. Keefer 435 Hwy. 175, N.C. March 1997 Kevin E. Shughart Deborah L. Keefer Panama City, Fla. 10/95 to 3/97 Kevin E. Shughart 4. The relati.o nship of the plaintiff to the children is that of mother. She is single. She currently resides with the following persons: Name Claudia Stranacher Robert Stranacher Relationship Mother Mother's Husband 5. The relationship of defendant to the child is that of father. He is single. He currently resides with the following persons: Name Cordelia Cosner Relationship Mother 6. On March 9, 1999, the Court entered a Consent Agreement and Final Order in a Protection Of Abuse action brought by the plaintiff. The Order grants the plaintiff primary physical custody and the Defendant partial physical custody of the children. The order will expire on March 5, 2000. A copy of the Consent Agreement and Final Order is attached. Plaintiff has no other information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff has and is willing to accept custody of the children; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; e) Defendant has not indicated to plaintiff an interest in accepting primary physical custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. W:.--. WHEREFORE, plaintiff requests the court to grant her primary physical and joint legal custody of the children. Date: 11.1 10)q J ta, Todd Greene Cert' ied Le 1 Intern THOMA MMUL ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 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. §4904 relating to unsworn falsification to authorities. Date: /1/ak e b o r a h L. e e Plaintiff 0. Deborah L. Keefer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW V. : IN PROTECTION FROM ABUSE Kevin E. Shughart. Defendant NO. 99-987 CIVIL TERM CONSENT AGREENfENT AND FINAL ORDER This Agreement is entered on this day of March, 1999, by the plaintiff. Deborah L. Keefer. and the defendant, Kevin E. Shughart, each of whom is represented by counsel. as indicated below. Without admittine the allegations of abuse, the defendant agrees that the Court shall enter an Order containing the following terms: 1. Defendant shall not abuse, cause reasonable fear of abuse, threaten with violence, or harass plaintiff, whether personally or through his agents. 2. Defendant shall not enter any of plaintiff's future places of employment. 3. Except for contact pertaining to the minor children. Cecilia and Rebecca, defendant agrees not to trespass at plaintiff's residence, currently 6 Koser Road. Shippensburg. PA. 4. Defendant shalt not to harass or stalk plaintiff or plaintiff's relatives. :. Except for contact pertaining to the minor children. the defendant shall not have any direct or indirect contact with the plaintiff including. but not limited to. telephone and written communications. 6. Plaintiff shall have general physical and legal custody of Cecilia and Rebecca Shughart. Defendant shall have temporary partial custody the minor children for three (3) days per week. as agreed upon by the parties. On weekdays. such visits shall he from 6:00 p.m. to Copy ly 9:00 p.m. On weekends, such visits shall be from noon to 9:00 p.m. The defendant will be responsible for the transportation. Defendant shall not take the children out of the State of Pennsylvania without express consent of the plaintiff. 7. The parties agree that these provisions shall be considered a temporary custody order that can be modified pursuant to further agreement or after petition and hearing. 8. The Carlisle and Shippensburg Police Department shall be provided with a certified copy of this Order by the plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section. the defendant shall be taken without necessarv delav before the court that issued the order. When that court is unavailable. the defendant shall be taken before the appropriate district justice. (23 P.S. §6113). 9. The parties intend to be legally bound by the terms of this agreement and request that a Protection Order be entered to reflect the above terms. .Il The defendant has been advised of his right to have a hearing and to be represented by an attorney. The Family Law Clinic has liven the defendant no leeal advice other then to seek his own counsel. 10. BRADY INDICATOR: a) The Plaintiff and the Defendant have cohabited together and have two children together. Cecilia & Rebecca Shughart. b) This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. c) This Order restrains the Defendant from harassing, stalking, or threatening the Plaintiff. d) Defendant represents a credible threat to the physical safety of the Plaintiff. e) The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 11. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 12. All provisions of this order shall expire in one year, on March 5 . 2000, except that Plaintiff may ask the Court, after notice and hearing. to extend the term of the Order. pursuant to 23 Pa. C.S. § 6108(e). NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO 51.000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCE- ABLE IN ALL FIFTY (50) STATES. THE DISTRICT OF COLUMBIA. TRIBAL LANDS. U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIO- LENCE AGAINST WOMEN ACT. 18 U.S.C. §§ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUB- JECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER TkiAT ACT. 18 U.S.C. §§ 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED. YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PRO- VISION'S OF THE GUN CONTROL ACT. 18 U.S.C. §§ 922(G). FOR POSSESSION. TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LANV ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs t through 7 of this order may be without warrant, based solely on probable cause. whether or not the violation is committed in the presence of the police. 23 Pa.C.S. § 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The (insert the appropriate name or title] shall maintain possession of the weapons until further order of this court. When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the h aring. eborah L. Keefer, P int' f' Kevin E. Shughart, D ndant rian . Raney, Certified Leeal In ern UV Dha la - Donald irritz, Stiff Attorney Robert E. Rains, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street James J. Kayer. Esquire Counsel for Defendant Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Plaintiff Order AND NO«', this I o day of March. 1999. the foregoing Agreement is approved and entered as an Order of Court. TPUS COPY FROM RECORD in Tr7tin:IDy e,h:,cif, i .. unto et my hand Z.-J, ;he sea; of said Coar; a; Cariisla, Po. This ....../.L.4. day of.... a c..r., 19.1f/.. _..... ?.....?s....'? y: ..........__.. Prothonotary Edgar B. ayley. Judge DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY KEVIN E. SHUGHART, I N ;I `? Defendant NO. 99- CIVIL TERM ORDER OF COURT AND NOW, this klo day of lxcir_^nbtr . upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, the conciliator, at-\\L1tF\c0f , Cumberland County Courthouse, on the a\ day of )C1(1 , 2000, at'G-atm., 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. Either party may bring the child(ren) who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: tb? Custody 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals (raving business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. t DEBORAH L. KEEFER, Plaintiff V. KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99- _)V2'/ To the Prothonotary: PRAECIPE TO PROCEED IN FORMA PAUPERIS CIVIL TERM Kindly allow Deborah L. Keefer, Plaintiff, to proceed in forma pauperis. 1, Todd Greene, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Todd reeve Certi° -d Legal Inte ROB T RAINS THOMAS M. PLACE Supervising Attorney DONALD MARRITZ Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 CL.. i ?,1 I rx'A DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KEVIN E. SHUGHART, Defendant : NO. 99- ZyCIVIL TERM AFFIDAVIT SUPPORTING PRAF IPF IFOR LEAVE TO PROCEED IN FORMA PA PFRIS 1 am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Deborah L. Keefer Address: 12 Courtland Road, Camp hill, Pennsylvania 17011 Social Security No.: 182-64-2970 (b) Employment If you are presently employed, state Employer: Manpower Address: 3324 Trindle Road, Camp Hill, Pennsylvania 17011 Salary or wages per month: $ 1,000.00 Type of work: Shipping Clerk/Data Entry (c) Other income within the past twelve months: $500.00 in Child Support Public Assistance: Medical Access Card for Children Food Stamps: 595.00 per month (d) Property owned: Checking account: 5200.00 Savings account: $200.00 Motor vehicle: Make: Mazda 626, Year 1989 Cost S 1,000.00, Amount Owed SO (t) Debts and obligations Rent: S200.00 Childcare: $160.00 1 Food: S225.00 Medical Expenses: S50.00 Medication: $50.00 Toiletries: $60.00 Haircuts: $40.00 Entertainment: $50.00 Gas for Car S100.00 Clothing: $75.00 Insurance: S60.00 Auto Repairs: S50.00 TOTAL MONTHLY EXPENSES: $1,120.00 TOTAL MONTHLY INCOME: $1,097.00 (g) Persons dependent upon you for support Name: Age: Cecilia N. Shughart 4 Rebecca C. Shughart 2 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date ' eborah L. Keefer / Petitioner cli .1 1 1.:. -. C_.? Il1.1 Ol _j i` JAN 31 20000 DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY COURT ORDER AND NOW, this may of ?00, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior custody orders entered in this case are vacated. 2. The Mother, Deborah L. Keefer, and the Father, Kevin E. Shughart, shall enjoy shared legal custody of Cecilia N. Shughart, bom April 8, 1995 and Rebecca C. Shughart, born May 24,1997. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Thursday evening at 6:00 p.m. through Monday morning at which time Father shall deliver the children to their scheduled daycare. Additionally, during the day on Friday when the Father has custody he shall also ensure that the children attend the scheduled daycare. B. On the week after the weekend Father exercises custody, he shall enjoy temporary custody of the children on Tuesday and Thursday evening from after school until 8:00 p.m. C. On the weekend after Father does not have custody, Father shall enjoy temporary custody of the minor children on Monday evening from after school until 8:00 p.m. 5, The parties shall share custody of the children on major holidays and the children's birthdays in accordance with a schedule to be agreed upon at a later date. If no agreement is reached, the parties will alternate the custody of the minor children on the following holidays: New Year's Day, Memorial Day, July 4`h, Labor Day, Thanksgiving, Christmas Eve, Christmas and the children's birthdays. The times are to be mutually agreed upon by the parties. 6. Father shall handle all transportation for exchange of custody. 7. Both parties are entitled to receive all medical, dental and educational records for the minor children and both parties are directed to share whatever medical, dental, educational and other pertinent important records they have of the children with the other parent. g. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. The times are to be mutually agreed upon by the parties. This provision and the holiday provision set forth above shall supercede any alternating weekend schedule or other custody schedule. 9. The agreemparties may modify between the parties, this Order hall control. However, absent an 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires this Order, that party may petition the Court to have the case aga' scheduled for a Conference with the Custody Conciliator. BY cc: Tom Greene Dickinson School of Law Family Law Clinic James Kayer, Esquire Edgar B. Bayley V W ,9,-3-00 R K5 A DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8,1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on January 21, 2000, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her student attorney Todd Greene of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. $ 00 P/?- Q DATE Hubert X. Gilroy, Esquir Custody Conciliator DEBORAH L. KEEFER PLAINTIFF V. KEVIN E. SHUGHART DEFENDANT AND NOW, this 20th IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 99-7424 CIVIL ACTION LAW IN CUSTODY day of July , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 5th day of October , 2000, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq Custody Conciliatoro 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 I?a 7-di •00 (Gv7 C'1r/ '" "? 'ls Cyu o`??J 7 ar-or 40)01 GJe ?µ J .. L18 ~^ DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF , Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA (. CIVIL ACTION-LAW v : IN CUSTODY KEVIN E. SHUGHART, Defendant NO 99-7424 ORDER OF COURT AND NOW, this day 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, on the_day of 2000, at _m., for a Pre-Flearing 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. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHGULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT ICE SET FORTH BELOW TO FIND OUT WHERE YOU ? OR TELEPHONE THE OF N GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW V. : IN CUSTODY KEVIN E. SHUGHART, Defendant : NO 99-7424 PETITION FOR MODIFICATION OF OF CUSTODY ORDER The petition of Plaintiff, Deborah L. Keefer, respectfully represents that on February 2, 2000, an Order of Court was entered giving plaintiff Primary Custody of Cecilia N. Shughart, born April 8, 1995, and Rebecca C. Shughart, born March 24, 1997, a true and correct copy of which is attached. 2. This Order should be modified because: a. The oldest daughter is starting kindergarten in the Fall of 2000. b. The visitation schedule set out in the February 2, 2000 Order will be disruptive to the children's school schedules. C. For a stable environment children should be with the plaintiff during the week and with the defendant on the weekends. WHEREFORE, Petitioner asks that the Court modify the existing Order for Primary Custody because it will be in the best interest of the children. JTHOMAS M. PLACE ROBERT E. RAINS Supervising Attorney FAMILY LAW CLINIC 45 N. Pitt. St. Carlisle, PA 17013 717 243-2968 i 1 _.I VERIFICATION 1 verify that the statements made in this petition are true and correct. 1 understand that false statements herein are subject to t falsification to authorities. Date: ?? a C7 J 1f4 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN CUSTODY KEVIN E. SHUGHART, Defendant NO. 99-7424 CIVIL TERM CERTIFICATE OF SERVICE 1, Jennifer Jones, a Certified Legal Intern, hereby certify that on July 17, 2000, I served copies of the Petition for Modification of Custody Order on Kevin E. Shughart, residing at 24 Garden Parkway, Carlisle, Pennsylvania, 17013, by first class United States Mail. Date: n mci J Je ifer Jones Ce ified Legal I m FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 cl) J ? ' t> 11 AUG 31 2008 1 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN E. SHUGHART, NO.99 - 7424 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this Afl day of ) NAJ?L 2000, upon consideration of the attached Custody Conciliation Report, it isvol ered and directed as follows: This Court's prior Order of February 2, 2000 shall remain in effect subject to the following modifications: A. The parties may alter the Custody Order is there is a written document confirming an agreement between the parties for a modification of the Order. B. Neither party shall disparage the other parent to the children or allow the children to hear their parents ridiculed in any manner by either the custodial parent or any of their associates. 2. Mother may renew her petition to modify custody based upon the fact that the children are starting school and based upon any other facts the Mother may deem appropriate. Mother's agreement to withdraw the Petition to Modify Custody is without prejudice to her refiling of that Petition at any time in the future. BY THE. COURT, Edgar B. cc: Jennifer Jones Dickinson School of Law Family Law Clinic James J. Kayer, Esquire /I L` --Li t 9,?.?0 1,f ?\1 L. [ DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8,1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on August 29, 2000, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her representative, Jennifer Jones, of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James J. Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. 8 3a? DATE Hubert X. Gilroy, Esquire Custody Conciliator I DEBORAH L. KEEFER 1N,I-HE COURT OF COMMON PLEAS OF f, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. KEVIN E. SHUGHART 99-7424 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 15th day of De- comber , 2000, upon consideration of the attached Complaint, day o January at 5:30 conciliator, it is hereby directed that the parties and their respective counsel appear before amat 4th Floor, Cumberland Count Courthouse, Carlisle on the for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or orary if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter at the cnto a tempmay order. All children age five or older may also be present at the conference. Failure to appear provide grounds for entry of a temporary or permanent order. FOR THE COURT, gy; /sl Hubert X C?ilrov Esrt?? Custody Conciliator The Court of common Pleas of Cumberland County is required by law to comply with the Americans ities and with Disabilites Act of 1990. For information about accessible , ple se contact our olffice.oAll arrangements available to disabled individuals having business before the court, p must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT YOU CAN ONE, GO O OR ]iC EPHONE THE OFFICE SET HAVE FORTH N ATrORNEY OR FIND OUT NWHERE OT AFFORD BELOW Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7W y is 190D ` DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OFOR, I 'i ZOp11' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. IN CUSTODY KEVIN E. SHUGHART, Defendant : NO 99-7424 ORDER OF COURT AND NOW, this day of 2001 upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before, _ the conciliator, at the _day of . 200, at m., 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 temporaryorder. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 be made at least 72 howl prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DEBORAH L. KEEFER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO 99-7424 PETITION FOR MODIFICATION OF CUSTODY ORDER Deborah L. Keefer, Petitioner, by and through her attorneys, The Family Law Clinic, brings this Petition for Modification, seeking to modify the current custody Order relating to her children Cecilia N. Shughart, born April 8, 1995, and Rebecca C. Shughart, born March 24, 1997. In support of her petition, Petitioner states as follows: The petition of Deborah L. Keefer, respectfully represents that on February 2, 2000, an Order of Court was entered for Custody, a true and correct copy of which is attached. 2. The petition of Deborah L. Keefer, respectfully represents that on on September 1, 2000, an Order was entered modifying the Order of February 2, 2000, a true and correct copy of which is attached. 3. The February 2, 2000 and September 1, 2000 Orders should be modified because: a. On Tuesday, September 26, 2000, the Respondent was admitted to the hospital after attempting suicide by drinking alcohol and taking pills. b. On Saturday, October 21, 2000, the Respondent, Kevin E. Shughart, was arrested for driving under the influence of alcohol. C. At the time the Respondent was arrested for driving under the influence of alcohol, he was exercising his scheduled custodial period with the children. Although the children were not present in the car when Respondent was arrested, Respondent was responsible for the children's safety while in his care and control. d. The children were at a friend's home when Respondent was arrested. The friend called Petitioner to pick up the children. e. Respondent was on probation at the time of his arrest. As part of Respondent's probation, he was not allowed to consume any alcoholic beverages. Respondent has been sentenced to serve five (5) consecutive months in the Cumberland County Prison. f. Petitioner seeks to modify the existing Orders, limiting Respondent's custodial periods with the children to daytime visits only. g. Petitioner is better able to provide the children with the moral, emotional and financial support that they need. h. Petitioner fears for the safety of her children while they are in the custody of Respondent, particularly when they are in his custody for extended periods of time and/or overnight. i. Petitioner believes that Respondent has significant drug and alcohol problems. j. Petitioner believes that Respondent must undergo drug and alcohol evaluation and counseling prior to resuming extended custodial periods with the children. k. Petitioner believes that Respondent is emotionally unstable and not able to adequately or appropriately care for the children. -2- WHEREFORE, Petitioner asks that the Court modify the existing Custody Order, limiting Respondent's custodial periods with the children, because it will be in the best interest of the children. I Xft-nifer Jane / #tified Leg Intern THO S M. PLACE ROBERT E. RAINS Supervising Attorneys TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 N. Pitt. St. Carlisle, PA 17013 717 243-2968 -3- VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: D orah L. Keefer -4- .JAN 112000U' DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-7424 CIVIL : IN CUSTODY COURT ORDER AND NOW, this gn4 day of 4; jU2?000. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior custody orders entered in this case are vacated. 2. The Mother, Deborah L. Keefer, and the Father, Kevin E. Shughan, shall enjoy shared legal custody of Cecilia N. Shughart, born April 8, 1995 and Rebecca C. Shughart, bom MW 24,1997. V'%l4lM 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Thursday evening at 6:00 p.m. through Monday morning at which time Father shall deliver the children to their scheduled daycare. Additionally, during the day on Friday when the Father has custody he shall also ensure that the children attend the scheduled daycare. B. On the week after the weekend Father exercises custody, he shall enjoy temporary custody of the children on Tuesday and Thursday evening from after school until 8:00 p.m. C. On the weekend after Father does not have custody, Father shall enjoy temporary custody of the minor children on Monday evening from after school until 8:00 p.m. 5. The parties shall share custody of the children on major holidays and the children's birthdays in accordance with a schedule to be agreed upon at a later date. If no agreement is reached, the parties will alternate the custody of the minor children on the following holidays: New Year's Day, Memorial Day, July 0, Labor Day, Thanksgiving, Christmas Eve, Christmas and the children's birthdays. The times are to be mutually agreed upon by the parties. 6. Father shall handle all transportation for exchange of custody. Both parties are entitled to receive all medical, dental and educational records for the minor children and both parties are directed to share whatever medical, dental, educational and other pertinent important records they have of the children with the other parent. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. The times are to be mutually agreed upon by the parties. This provision and the holiday provision set forth above shall supercede any alternating weekend schedule or other custody schedule. 9. The parties may modify this Order as they agree. However, absent an agreement between the parties, this Order shall control. 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, Edgar B. B yley cc: Tom Greene Dickinson School of Law Family Law Clinic James Kayer, Esquire it ?2:': r::.- .: -'ir•J.: P, I r.I'li cl-i: iCr f: ..::IJ ?Ll Li :oUrtT4'.2 .....a of... f.S.Gl. Prothonotary AUG 31 DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this /$r day of? 2000, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. This Court's prior Order of February 2, 2000 shall remain in effect subject to the following modifications: A. The parties may alter the Custody Order is there is a written document confirming an agreement between the parties for a modification of the Order. B. Neither party shall disparage the other parent to the children or allow the children to hear their parents ridiculed in any manner by either the custodial parent or any of their associates. 2. Mother may renew her petition to modify custody based upon the fact that the children are starting school and based upon any other facts the Mother may deem appropriate. Mother's agreement to withdraw the Petition to Modify Custody is without prejudice to her refrling of that Petition at any time in the future. BY THE COURT, Edgar . Bayley cc: Jennifer Jones Dickinson School of Law Family Law Clinic James J. Kayer, Esquire DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW : IN CUSTODY KEVIN E. SHUGHART, Defendant NO. 99-7424 CIVIL TERM CERTIFICATE OF SERVICE I, Melanie Walz Scaringi, a Certified Legal Intern, hereby certify that on December 12, 2000, I served a true and correct copy of the attached Petition for Modification of Custody Order on attorney for defendant, James J. Kayer, Esquire, Kayer & Brown, 4 Liberty Avenue, Carlisle, Pennsylvania, 17013, by first class United States Mail. i? ?luE't is 1?1 Date: trd Melanie Walz Scanngi Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 i _. - p 17 ; s CL ' - U. 1 ' L3 , U a (? i k C, mw ®,q 4 MAR 1. 3 Zoo,. e DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v CIVIL ACTION - LAW KEVIN E. SHUGHART. NO. 99 - 7424 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this I / day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Order of February 2, 2000 shall remain in place subject to the following modifications: A. Father shall undergo an alcohol/drug evaluation to be performed by a qualified professional. The results of that evaluation shall be shared with legal counsel for both parties, with the evaluation and the results provided within sixty (60) days from the date of this Order. If the counselor deems it appropriate, the counselor can also indicate in their findings whether any problems the Father may have at this particular time interfere with the Father's ability to care for the minor children who are the subject of this Court Order. B. Father shall not consume alcohol or illegal drugs during the time he has custody of the children. C. Father's overnight visitation with the children shall be exercised at Father's mother's home. D. Upon the conclusion of the evaluation, legal counsel for both parties may contact the Custody Conciliator for a telephone conference call. The purpose of this call will be to address whether the grandmother's continued supervision on overnight visitation is required and also whether there is any follow up recommendation from the counselor. E. Father shall execute the appropriate releases for his counselor to authorize the counselor to release the mentioned information to legal counsel for both parties. 2. Nothing in this Order shall be construed to prohibit Father from taking any prescription medication that is issued to him by a treating physician. cc: James J. Kayer, Esquire Jennifer Jones Dickinson School of Law Family Law Clinic BY Tl-1 COURT / J. Edgar B. Bayley Coy C? QI IJpC? ?l? ?.CI ?: toI 4 DEBORA14 L. KEEFER, Plaintiff KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, bom April 8, 1995 and Rebecca C. Shughart, bom March 24, 1997. 2. A Conciliation Conference was held on March 7, 2001, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her representative, Jennifer Jones of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James J. Kayer, Esquire. 3. Based upon the information received at the Custody Conciliation Conference, the Conciliator recommends the entry of an order in the form as attached. (?1 0 DATE 2Hubert X. roy, Esquire DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintifl7Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7424 CIVIL TERM KEVIN E. SHUGHART, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter the appearance if Thomas S. Diehl, Esquire, as counsel for the Plaintiff, Deborah L. Keefer, in the above-captioned action. Date: J ' a 1-cD ( TO THE PROTHONOTARY: Respectfully submitted, (? 0 Thomas . Diehl, Esquire Mislitsky & Diehl One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 Please withdraw the appearance of Teri 1-lenning, Esquire, as counsel for the Plaintiff. Deborah L. Keefer, in the above-captioned action. Date: Respectfully submitted, Teri-FTenning. Esquire Dale F. Shughart Community Law Center 42 North Pitt Street Carlisle. Pennsylvania 17013 (717) 243-2968 v, lU r ? r) h . s DEBORAI I L. KEI FER. PlaintilT JUL 0 3 200 IN TI11: C0I116f OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL. ACTION - LAW KEVIN E. SI IUGI-IARI'. Defendant NO. 99-7424 CIVIL IN CUSTODY COURT O?iDTR AND NOW. this __j day of ".w 4. 2001. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior custody orders are modified for the remainder of the summer as follows: A. Fathers periods of temporary custody with the minor children shall be on alternating weekends from Thursday at 8:00 a.m. through Monday at 8:00 p.m. Father shall also have every Wednesday at 8:00 a.m. through Thursday morning when Father shall deliver the children to daycare. I-lowever, when Father has custody on a weekend. Father may keep the children from Wednesday at 8:00 a.m. through the following Monday at 8:00 p.m. B. Exchange of custody shall take place at the Shcetz at the corner of Route I I and Pennsylvania Route 114. C. Father shall continue counseling and provide Mother's attorney with a report in advance orthe Custody Conciliation Conference scheduled below. D. 'rhe parties shall meet for another Custody Conciliation Conference on 'rhursday. August 2J`d at 9:3 0 a.m. BY f fir: co[/r/ cc: I'homas S. Dichl. Esquire Mark D. Sch%vurtz. Esquire Edgar B: lylYk-7 z6pu-a? 1I R?g ,?' .' j' - , ?? t' ?. s ?, 4, C? :. ?) DEBORAFI L. KEEFER. Plaintil7' IN T1IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN E. SIIUGI TART. Defendant Prior Judge: Edgar B. Bayley CIVIL ACTION- LAW NO. 99-7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITI-1 THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The parties are at odds on a number of issues, and the Conciliator recommends an interim order until the end of the summer to see if the parties can work sonic details out. The Conciliator recommends the entry ofan order in the form as attached. „? N ATI Hubert X. Gilroy, squire Custody Concili for "v ,- s OCT 0 PI.R. IN'I'i I COURT OF COMMON PLEAS OF DEBORAH L. KEEPlainFE CUMBERLAND COUNTY. PENNSYLVANIA CIVIL AC'T'ION - LAW KEVIN E.SHUGIIART. : NO.99-7424 CIVIL. Defendant IN CUS'T'ODY COURT LR a , of 2001, upon consideration of the AND NOW, this :??nh d attached Custody Conciliation Report, it is ordcrc and directed as follows: 1. The prior custody orders entered in this case are modified to reflect the following understanding: A. Father's periods of temporary custody with the minor children shall be on alternating weekends from Wednesday at 8:00 a.m. through Monday at 8:00 p.m. Additionally, Father shall have custody every Wednesday from 8:00 a.m. through Thursday at 8:00 a.m. B. When the children are in school. exchange of custody shall take place at school with Father either picking the children up or delivering them to school. as applicable, or delivering the children to a daycare provider that is agreed upon by the parties. If the children do not have to attend school, exchge of custody Route 11 and Pennsylvania lt Route 114 unless Sth the parties mutually agree on another location. 2• In all other respects. in ellbet. the prior custody orders entered in the above case shall remain BY THE COURT. Edgar 13. cc: Thomas S. Diehl, Esquire Paul B. Orr. Esquire r 1? ? et Y.A,.: ?` ;.r? ?? \J? ?. ?:_? ??1 ?I.i ? / DEBORAlI L. KEEPER. Plaintiff v KEVIN E. SI IUG1lAR•I'. Defendant Prior Judge: Edgar B. Bayley IN T111i COUR7.OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO.99-7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE wlTII THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8,1995: and Rebecca C. Shughart, bom May 24, 1997. 2. A Conciliation Conference was held on September 27, 2001, with the following individuals in attendance: The Mother, Deborah L. Keefer. with her counsel, Thomas S. Diehl, Esquire: and the Father. Kevin E. Shughart. with his counsel. Paul B. Orr, Esquire. 3. The parties agree to the entry of an order in the form as attached. a? o TE Hubert X. Gilroy. Es uire Custody Conciliato DEBORAH L. KEEFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-7424 CIVIL ACTION LAW KEVIN E. SHUGHART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 21, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 19, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court 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 (tearing. FOR THE COURT. By: /s/ Hrsbert X. Gilroy. Esq. MT V Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I IELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 fw Q ;?a op e-aa -oa- $-aa-ev Flt tD :1::,?c ON Tt... :,1> .v 02411r,22 n1i ll: ?i1 CVI?JI?CIYJ?f`fV `?II I P?VNSIIV?N 'QTY DE-BORAI I L. KEFTE.R. Plaintiff/Petitioner v. KEVIN li. SI IUG TART. Defendant/Respondent IN l'I II: COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVILTERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this upon consideration of the attached petition it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at Pennsylvania, on the day of 2002, at o'clock -.m. 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 temporan• order. All 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: Custody 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. '1'1-IE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013) (717) 249-1166 1-800-990-9108 DEBORA11 L. KEEF ER. Plaintifl7Petitioner KEVIN E. SHUGHART. Defendant/Respondent IN TI I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99.7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Deborah L. Keefer, by and through her legal counsel, Thomas S. Diehl. Esquire, who respectfully represents the following: The Petitioner is the above-named Plaintiff. Deborah L. Keefer, (hereinafter referred as "Mother"), an adult individual currently residing at 336 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is the above-named Defendant, Kevin E. Shughart (hereinafter referred as "Father'), an adult individual currently residing at the Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania 17013. Respondent is due to be released in August, 2002, and after his release. it is unknown where he will be residing. 3. The parties are the natural parents of the children. Cecilia N. Shughart, born April 8. 1995: and Rebecca C. Shughart, born May 24, 1997. 4. The parties are subject to an Order of Court dated October 2, 2001, which references previous Orders dated July 3. 2001. March 13. 2001, and February 2, 2000, all of which are attached hereto and incorporated herein by reference as Exhibits A, 13, C & D respectively. 5. The current Order of October 2. 2001, grants periods of physical custody to Father on alternating weekends from Wednesday at 8:00 a.m. through Monday at 8:00 p.m., and every Wednesday from 8:00 a.m. through Thursday at 8:00 a.m. 6. Father has not exercised custody of the children since November 2001, due to his being incarcerated. 7. Father had been incarcerated during this time for assaulting his then live-in girlfriend, and for a separate offence for driving on a DUI-suspended license. 8. Mother contends that Father's continued unsupervised contact with the children is not in their best interest for the following reasons: (a) Father has not kept the children removed from his volatile behavior. (b) Specifically. the children have been in the custody of the Father during some of his physical outbursts. including beatings of his then girlfriend that led up his arrest. (c) In the week prior to his arrest in November 2001, Father attempted suicide via alcohol and prescription medications which resulted in his emergency placement in the Hershey Medical Center. (d) Father routinely transported the children to custody exchanges with a DUI-suspended license and has a prior history of resisting arrest. Accordingly. Mother believes Father his a high risk of flight with children in his vehicle. 9. The children are currently scheduled to return to school on August 27, 2002. approximately one week after Father's release from prison. 10. Prior to his arrest. Father resided in the ]ionic of the victim of his assaultive behavior. 11. Upon his release. Mother is without knowledge of Father's new residence. and as of the date of filing this petition. Father has refused to disclose his intended address. 12. The natural mother of the children is Deborah Keefer. 13. The natural father of the children is Kevin Shughart. 14. The relationship of the Petitioner to the children is that of natural Mother. The natural mother currently resides with the children. 15. The relationship of the Respondent to the children is that of natural Father. The natural father is currently incarcerated in the Cumberland County Prison. 16. The Petitioner has not participated as a party or a witness in any other capacity in litigation ol'the children. 17. Petitioner has no information of any custody proceeding concerning the children pending in any Court of this Commonwealth. 18. The children's best interest and permanent welfare would be significantly improved by ntoditying the existing Custody Order for the following reasons: (a) Requiring supervision would provide a more stable environment for the children during the commencement of their school year; (b) Temporary supervision would allow Father time to acquire appropriate living arrangements. and communicate the same to Mother: (c) Requested relief would allow time for the children to reacquaint themselves with Father in a safer and less threatening environment. 19. Petitioner does not know of any person not a party to these proceedings who claims to have custody or visitation right Nvith respect to the children. WHGRETORG, the Petitioner. Deborah L. Keefer, respectfully requests this Honorable Court to ntodil'y the existing Order such that Father's visitation would be supervised and such other relief as the Court may deem appropriate. Respectfully submitted. Date. AUG 16 2002 ?9 tontas S. Diehl. Gsquirc Mislitsky & Dichl Supreme Court I.D. No. 78942 One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I Verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of I8 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ?[3ORAH L. KEEF etitianer I? EXHIBIT A OC7 0 3.?01? DEBORAH L. KEEFER. IN 1'fll: COURT OF COMNION PLEAS OF Plaintiff ('IIMBERLAND COIJNI'Y. I)FNNSI'I_VANIA CIVIL ACTION - LAW KEVIN E.SHUGHART. NO. 99-7424 CIVIL Defendant IN CUSTODY COURT ORDER n AND NOW. this 2 _ day of a ,, R . 2001. upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: The prior custody orders entered in this case are modified to reflect the following understanding: A. Father's periods of temporary custody with the minor children shall be on alternating weekends from Wednesday at 8:00 a.m. through Monday at 8:00 p.m. Additionally, Father shall have custody every Wednesday fronl 8:00 a.m. through Thursday at 8:00 a.m. B. When the children are in school. exchange of custody shall take place at school with Father either picking the children up or delivering them to school, as applicable, or delivering the children to a daycare provider that is agreed upon by the parties. If the children do not have to attend school, exchange of custody shall take place at the Sheetz store at the corner of Route I I and Pennsylvania Route 114 unless the parties mutually agree on another location. 2. In all other respects, the prior custody orders entered in the above case shall remain ill effect. BY THE COURT. Edgar B. ayley cc: Thomas S. Diehl. Esquire Paul B. Orr. Esquire TRUE CCr'Y FR_ViM RECORD In Tesiinor.) unto set mp hand ]RECEIVED x rtarlifle, Pa. and tl seat o. = - T- f.. ......y .. .;,., DEBORAH L. KEEPER. Plaintiff KEVIN 1:. SIIUGIIART, Defendant Prior .fudge: Edgar 13. Bayley IN Ti 117 COURT OF COMMON PLEAS OF CUMBERLAND COUN`r),. PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVII. IN CUSTODY CONCILIA"rION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVII. RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the follmving report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, bom April 8. 1995: and Rebecca C. Shughan, bom May 24. 1997. 2. A Conciliation Conference was held on September 27. 2001. with the following individuals in attendance: The Mother, Deborah L. Keefer, with her counsel, Thomas S. Diehl, Esquire: and the Father. Kevin E. Shughart, with his counsel, Paul B. Orr. Esquire. 3. The parties agree to the entry of an order in the form as attached. l/?l a 7/01 TE Hubert X. Gilroy. Es uire Custody Conciliato EXHIBIT B DI BORAI I L. KITTER. Plaintil'I' IN TI IF C'01 IRT OF COMMON PLEAS OP CuMBERI.AND C'OI IN'Il'. PIiNNSYI.vnNIA CIVIL ACTION - LAW KEVIN F. SIIUGHART. Defendant NO. 99-7424 CIVIL. IN CUSTODY COURT ORDER AND NOW. this -3 day of lJ? 2001. upon consideration of the attached Custody Conciliation Report. it is ordd and d reeled as follows: The prior custody orders are modified for the remainder of the summer as follows: A. Father's periods of temporary custody with the minor children shall be on alternating weekends from Thursday at 8:00 a.m. through Monday at 8:00 p.m. Father shall also have every Wednesday at 8:00 a.m. through'rhursday morning when Father shall deliver the children to daycare. However. when I-ather has custody on a weekend. Father may keep the children Cron, Wednesday at 8:00 a.m. through the following Monday at 8:00 p.m. B. Exchange of custody shall take place at the Sheetz at the corner of Route I I and Pennsylvania Route 114. C. Father shall continue counseling and provide Mother's attorney with a report in advance of the Custody Conciliation Conference scheduled below. D. The parties shall meet for another Custody Conciliation Conference on Thursday. August 23`d at 9:30 a.m. BY THE COURT. )S/ ?J7,fi" 1 A -?J, - J Edgar B. . ylcy cc: Thomas S. Diehl. Esquire Mark D. Schwartz.. Esquire RECEIVED , ? JUL 032001 T E COPT FROM RE-RD In Tes rry wher of, I here urt9 ::t my hard. and seal of s id urt at Ca lisle, Pa.. ^7 / da of .? u•v f ]>?.i r f DEI301ZAII L. KEEFER. Plaintill, \• KEVIN E. SHUGLIART. DO'endant Prior.ludae: Edcar B. Bayley IN TI IL• COURT OF COMMON PLEAS 01: C'UMBF.RLAND ('OUN'I')'. PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The parties are at odds on a number of issues. and the Conciliator recommends an interim order until the end of the summer to see if the parties can work some details out. The Conciliator recommends the entry ofan order in the Imm as attached. D Flubert X. Gilroy. -squire Custody Concili for EXHH3rr c DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 13 day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and duetted as follows: This Court's prior Order of February 2, 2000 shall remain in place subject to the following modifications: A. Father shall undergo an alcohol/drug evaluation to be performed by a qualified professional. The results of that evaluation shall be shared with legal counsel for both parties, with the evaluation and the results provided within sixty (60) days from the date of this Order. If the counselor deems it appropriate, the counselor can also indicate in their findings whether any problems the Father may have at this particular time interfere with the Father's ability to care for the minor children who are the subject of this Court Order. B. Father shall not consume alcohol or illegal drugs during the time he has custody of the children. C. Father's overr?ght visitation with the children shall be exercised at Father's mother's home. D. Upon the conclusion of the evaluation, legal counsel for both parties may contact the Custody Conciliator for a telephone confererc_ :III. The purpose of this call will be to address whether the grandmother's continued supervision on overnight visitation is required and also whether there is any follow up recommendation from the counselor. E. Father shall execute the appropriate releases for his coup. !or to authorize the counselor to release the mentioned information iegal counsel for both parties. RECEIVED MAR 1 5 81 2. Nothing in this Order shall be construed to prohibit Father from taking any prescription medication that is issued to him by a treating physician. BY THE COURT, J. /4EdgBay-Icy cc: James J. Kayer, Esquire Jennifer Jones Dickinson School of Law Family Law Clinic tr ....... :Z./ :ourt at Cadisia, Pa. DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7424 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, bom April 8, 1995 and Rebecca C. Shughart, bom March 24,1997. 2. A Conciliation Conference was held on March 7, 2001, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her representative, Jennifer Jones of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James J. Kayer, Esquire. 3. Based upon the information received at the Custody Conciliation Conference, the Conciliator recommends the entry of an order in the form as attached. Xd_ / DATE EXHIBIT D aka T1 Zouab?? i DEBORAH L. KEEFER, Plaintiff V KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY COURT ORDER AND NOW, this 2^d day ofpon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior custody orders entered in this case are vacated. 2. The Mother, Deborah L. Keefer, and the Father, Kevin E. Shughart, shall enjoy shared legal custody of Cecilia N. Shughart, bom April 8, 1995 and Rebecca C. Shughatt, born May 24,1997. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Thursday evening at 6:00 p.m. through Monday morning at which time Father shall deliver the children to their scheduled daycare. Additionally, during the day on Friday when the Father has custody he shall also ensure that the children attend the scheduled daycare. is. On the week after the weekend Faiher exercises custody, he shall enjoy temporary custody of the children on Tuesday and Thursday evening from after school until 8:00 p.m. 1. C. On the weekend after Father does not have custody, Father shall enjoy temporary custody of the minor children on Monday evening from after school until 8:00 p.m. 5. The parties shall share custody of the children on major holidays and the children's birthdays in accordance with a schedule to be agreed upon at a later date. If no agreement is reached, the parties will alternate the custody of the minor children on the following holidays: New Year's Day, Memorial Day, July 0, Labor Day, Thanksgiving, Christmas Eve, Christmas and the children's birthdays. The times are to be mutually agreed upon by the parties. 6. Father shall handle all transportation for exchange of custody. Both parties are entitled to receive all medical, dental and educational records for the minor children and both parties are directed to share whatever medical, dental, educational and other pertinent important records they have of the children with the other parent. 8. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. The times are to be mutually agreed upon by the parties. This provision and the holiday provision set forth above shall supercede any alternating weekend schedule or other custody schedule. 9. The parties may modify this Order as they agree. However, absent an agreement between the parties, this Order shall control. 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT. n Edgar B. yley cc: Tom Greene Dickinson School of Law Family Law Clinic James Kayer. Esquire ->•!isia FG 3 O..C1. day, Th:• .. . ?..: thonotery DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-7424 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, bom April 8, 1995; and Rebecca C. Shughart, bom May 24, 1997. 2. A Conciliation Conference was held on January 21, 2000, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her student attorney Todd Greene of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. dnloo 15 t/- Q DATE Hubert X. Gilroy, Esquire/ Custody Conciliaor m CERTIFICATE OF SEIiVICC I hereby certify this 16°' day or August 2002. that a true and correct copy of the foregoing document was served as follows: Via hand-delivery upon an agent of the following correctional facility where the within Defendant/Respondent currently resides: Cumberland County Prison for Inmate Kevin E. Shughart 1101 Claremont Road Carlisle, PA 17013 Via hand-delivering a copy to the Courthouse mailbox of the following individual: Paul Bradford Orr, Esquire Attorney for Respondent 50 East High Street Carlisle, PA 17013 By Ki y L. Hough Legal Assistant Li DE? 2002 DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY COURT ORDER 01 /d AND NOW, this L.3 day of December, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the L day of L?[eea e. 2003, at 1.3U P M. At this hearing, the Mother; Deborah L. Keefer, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on these issues, a list of witnesses who will be called to testify at the hearing and the summary of the anticipated testimony of each witness. This memorandum shall be tiled at least rive (5) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order of October 2, 2001 shall remain in effect subject to the following provisions for the Christmas 2002 holiday: A. Christmas shall be divided for this year and for future years into 2 segments, the first segment being from Christmas Eve at Noon until Christmas Day at Noon and the second segment being from Christmas Day at Noon until December 26'h at Noon. For 2002, Mother shall have the first segment with Father having the second segment. This procedure shall alternate in future years such that in 2003 Father shall have the first segment from Christmas Eve through Christmas Day and Mother shall enjoy the second segment in 2003. B. Custody over the holidays other than Christmas shall proceed in accordance with the existing order. C. Additionally, rather shall have New Year's Day 2003 from 9 a.m. to 6:00 p.m., with the alternating schedule thereafter being pursuant to the prior order. BY THE Edgar cc: -11ani B. Orr, Esquire ,Plomas S. Diehl, Esquire la - a3 oa r.._.. ?= ?;? _. ,_ r-. - `,,._, . -, ?.? -;:, `- (rv ?. ti '?? O `3 ?,l DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW KEVIN E.SHUGHART, : NO. 99-7424 CIVIL Defendant : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on December 13, 2002, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her counsel, Thomas S. Diehl, Esquire; and the Father, Kevin E. Shughart, with his counsel, Paul B. Orr, Esquire. 3. This is about the fifth time this case has been before this particular conciliator. The parties are now at odds with respect to Mother's request that the existing; order be modified to cut down Father's time and give him essentially alternating weekends. Father is unwilling to agree with that request. The parties require a hearing. 4. The conciliator recommends the entry of an order in the form as attached, and the conciliator's order addresses the Christmas 2002 issue to ensure there are no problems over the holidays. Ue) DATE Hubert X. Gilroy, Custody Conciliat ,4G JAN 181003 L DEBORAH L. KEEPER. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2003 upon review and consideration of the attached Petition, it is HEREBY ORDERED AND DIRECTED that the hearing scheduled for February 6, 2003, is CONTINUED until the 1l? day of 2003, at V30 o'clock ?.m. in Courtroom Number D_ of the Cumberland County Courthouse, One Courthouse Square, Pennsylvania 17013. cc: ,-Thomas S. Diehl, Esq., P.O. Box 1290, Carlisle, PA 17013 Sul Bradford Orr, Esq., 50 East High Street, Carlisle, PA 17013 G??q-o -9 0 3 X, .'! L'? i 1 2. 17 DEBORAH L. KEEFER, Plaintiff V. KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 IN CUSTODY AND NOW, comes the Plaintiff, Deborah L. Keefer, by and through his attorney, Thomas S. Diehl, Esquire, who avers the following: 1. On December 13, 2002, the Parties attended a custody conciliation conference before Hubert X. Gilroy, Esq., from which it was determined the parties desired a hearing before the court. 2 Accordingly a hearing had been scheduled before the Honorable Edgar B. Bayley, for Monday, February 6. 2003 at 1:30 p.m. as per Order of Court dated December 23, 2002 (attached here to as "Exhibit A"). S. Diehl, Esq., has a scheduling conflict that would , Plaintiff's counsel, Thomas 3 prohibit him from attending the hearing as scheduled. 4, On Thursday, February 22, 2001, the Plaintiff contacted the undersigned to request a continuance of the aforementioned appeal due to the fact that the funeral for the deceased will be held in Wilkes-Barre, Pennsylvania on Monday, February 26, 2001 at 10:00 a.m. 5. The undersigned contacted. Paul Bradford Orr, Esq.. counsel for the Defendant, and advised him of this request. Attorney Orr responded that the request is NOT OPPOSED. tl -I WHEREFORE, the Plaintiff, Deborah L. Keefer, respectfully requests this Honorable Court to enter an Order continuing the hearing scheduled for February 6, 2003, and reschedule the hearing for a new date. Respectfully submitted, ?] l Date: January 24, 2003 ! I Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Thomas S. Diehl, Esquire Attorney for the Plaintiff _LG . CERTIFICATE OF SERVICE I hereby certify this 24`x' day of January 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile: Paul Bradford Orr, Esq. 50 East High Street Carlisle, PA 17013 Fax(717)258-5289 DEC ? 2D02 DEBORAH L. KEEFE , : IN THE COURT OF COMMON PLEAS OF Plaintif : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO.99 -7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this Z4 day of December, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is schedul Courtroom No. 2 of the Cumberland County Courthpuse on the day of 111% %1 v' , 2003, at _.M. At this hearing, the Mother eborah L. Keefer, shall P. 3u be the moving party and shall proceed initially wi testimony. Counsel for the parties shall rile with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on these issues, a list of witnesses who will be called to testify at the hearing and the summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order of October 2, 2001 shall remain in effect subject to the following provisions for the Christmas 2002 holiday: A. Christmas shall be divided for this year and for future years into 2 segments, the first segment being from Christmas Eve at Noon until Christmas Day at Noon and the second segment being from Christmas Day at Noon until December 26° at Noon. For 2002, Mother shall have the first segment with Father having the second segment. This l.; procedure shall alternate in future years such that in 2003 Father shall have the first segment from Christmas Eve through Christmas Day and Mother shall enjoy the second segment in 2003. B. Custody over the holidays other than Christmas shall proceed in accordance with the existing order. 0 E:)cki6;+ A#$ C C. Additionally, Father shall have New Year's Day 2003 from 9 a.m. to 6:00 p.m., with the alternating schedule thereafter being pursuant to the prior order. cc: Paul B. Orr, Esquire Thomas S. Diehl, Esquire BY THE COURT, All 6J4W Edgar B. Fjiyley TRUE COPY In Testimoc" v:hereo and s:al cf said/ 1f ... a3 1st FROM RECORD I here unto set my hand .., rirlisle. Pa. Qi ? C) z ` ?:.IIL U G ci DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN E. SHUGHART, DEFENDANT 99-7424 CIVIL TERM ORDER OF COURT AND NOW, this l7 day of March, 2003, upon agreement of counsel the case is continued generally and referred back to conciliation. By the Court; Edgar B. Bayley, Thomas S. Diehl, Esquire For Plaintiff Paul B. Orr, Esquire For Defendant Court Administrator :Sal ??. ., , ..IJ` ??. iJi u... ?i?1 ??,. +ca? JU 0 2003 DEBORAH L. KEEPER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, De fendant/Respondent CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2003, upon consideration of the attached Petition for Contempt and Special Relief, it is HEREBY ORDERED AS FOLLOWS: `n3 I lJKed`vL? tt ;tx (a) -yy 97.?-to-the-physical-custOdnf MothzT, (b) AA hearing on disputed issues of fact shall be held on the J.1 a1v day of 2003 atI.W o'clock I M., in the Cumberland County Courthouse in courtroom number ?_•: and (c) cc: Thomas S. Diehl, Esquire Attorney for Petitioner Paul B. Orr, Esquire Attorney for Respondent Notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: 7- 8- c);,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVILTERM r DEBORAH L. KEEFER. Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRTITION FOR CONTEMPT AND SPECIAL RELIEF AND NOW, comes the Plaintiff/Petitioner, Deborah L. Keefer, by and through her attorney, Thomas S. Diehl, Esquire, and makes the following Petition for Contempt and Special Relief against the Defendant/Respondent, Kevin E. Shughart: Petitioner is Deborah L. Keefer (hereinafter referred to as "Mother"), an adult individual currently residing at 336 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Kevin E. Shughart (hereinafter referred to as "Father"), an adult individual currently residing at 5 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the children, Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 4. The parties are subject to an Order of Court dated May 14, 2003, attached hereto and incorporated herein by reference as Exhibit `A.' 5. The current Custody Order grants Father periods of temporary physical custody of the children from Friday 6:00 p.m. until Sunday 6:00 p.m. on alternating weekends, as well as two evenings (not overnight) per week. 6. Mother files this Petition for Contempt and Special Relief for the following reasons: (a) On Sunday, May 18, 2003 (i.e. the Father's first weekend of temporary physical custody under the current Order), Mother arrived promptly at 6:00 p.m. at Father's residence to retrieve the children; (b) Father advised Mother at his residence that he did not believe that he had to release the children at that time, and accordingly turned Mother away; ,t•r; . , i! (c) Father did not return the children until Monday morning, at which time Father took the children to school; (d) On Sunday, June 1, 2003 (i.e. Father's second weekend of temporary physical custody under the current Order), Mother arrived promptly at 6:00 p.m. at Father's residence to retrieve the children; (e) Father at that time released one of the parties' daughters, but physically retained the other child until Mother "answered all of his questions;" (f) Mother was thereafter detained for approximately 20 minutes against her will until Father determined his questions were satisfactorily answered, at which time he released the second child into Mother's care; (g) On Sunday, June 15, 2003 (i.e. Father's third weekend of temporary physical custody under the current Order), Mother arrived promptly at 6:00 p.m. at Father's residence to retrieve the children; (h) Mother knocked on Father's door, but did not receive any response; (i) Mother waited at Father's residence for approximately twenty minutes; (j) Thereafter, Mother drove to paternal grandmother's home, who also resides in Carlisle, Pennsylvania, in an attempt to locate Father, but was unsuccessful; (k) Later during the evening of Sunday, June 15, 2003, Mother contacted Father on his cellular telephone, and asked where he and the children were located; (1) Father mockingly responded, "I guess I'm not there!" (m) An argument between the parties then ensured over the telephone, in which Father indicated that he would not return the children to Mother; and (n) In the days following the last exchange of June 15, 2003, Mother has attempted to contact Father via telephone in order to persuade him to return the children. (o) On or about June 20, 2003, Father responded by telephone and told Mother that he would not return the children until he, "saw her in court." (p) As of the filing of this petition. Father has not returned the children to Mother. 7. Mother has had to acquire the services of Thomas S. Diehl, Esquire, to enforce the Court's Order of May 14, 2003, and accordingly has incurred attorney's fees. 8. Father's attorney, Paul Orr, Esq., has been provided notice of this petition via telephone message, and fax on May 27, 2003. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable court to enter an Order as follows: (a) Father is to immediately return the children, as per the existing Order of Court dated May 14, 2003, to the physical custody of Mother; (b) Father is to be found in contempt of the Courts Order of May 14, 2003; (c) Father is to compensate Mother for all attorney's fees reasonably incurred for this action; and (d) To grant any other such relief, as the Court deems appropriate. Respectfully submitted, Date: 6-3 t;i -0? 2003 Thom . i hl, Esquire Attorney for the Plaintiff/Petitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION 1 verify that the statements made in the foregoing Complaint are true and correct as relayed to me by the petitioner. As soon as time permits, I will amend petition with petitioner's original signed verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Th as S. Diehl MAY 1 3 2003 V DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this _ A day of May, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior custody orders entered in this case are modified as follows: A. Father's periods of temporary physical custody with the minor children shall be on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Mother shall handle transportation for exchange of custody on the weekends. B. Additionally, Father shall have periods of temporary physical custody with the minor children on at least two evenings per week, the times to be arranged between the parties. These shall be evening visitations during the school year and shall not be over night during the school year. Transportation for exchange of custody shall be shared on these weekday evenings. 2. Legal counsel for the parties shall work between themselves with respect to defining a summer schedule that will attempt to provide Father with additional time in the summer to replace the time he is loosing under the existing Wednesday through Monday alternating weekend custody arrangement. In the event counsel for the parties are unable to reach an agreement on this issue, they may contact the conciliator for another custody conciliation conference via a telephone conference call. 3. Upon Father receiving a driver's license, transportation for exchange of all custody shall be shared between the parties. 4. In all other respects, the prior custody orders in the above matter shall remain in effect. BY THE COURT, Edgar B. Bayley cc: V*aul B. Orr, Esquire V11homas S. Diehl, Esquire P C1pIC3 L- nailel R 93 6-15-03 J. DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-M), the undersigned Custody Conciliator submits the following report: 1. The conciliator consulted with counsel for the parties in a telephone conference on May 8, 2003 and recommends the attached court order. DATE Hubert X. Gilro ', Esquire Custody Conciiator CERTIFICATE OF SERVICE I hereby certify this 27°i day of June 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile: Paul Bradford Orr, Esq. 50 East High Street Carlisle, PA 17013 Fax(717)258-5289 By /. Tl as S. Diehl, Esq. ? s ? O 7 ; c^ = V wc Q, _ c? CJ U A DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7424 CIVIL TERM KEVIN E. SI-iUGHART, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Attached is the original Verification signed by the Petitioner, Deborah L. Keefer, for the Petition for Special Relief filed on June 27, 2003. Respectfully submitted, Date: July 10, 2003 ATtomey for Petitioner One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 cc: Paul B. Orr, Esquire Attorney for Respondent i ff__ _ VERIFICATION I verify that the statements made in the Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Q eborah L. Keef • titioner Eoot L o inr v C?? DEBORAH L. KEEFER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Jotthrh? T 73t I I rr an adult individual, hereby certify that a Order of Court dated July 7, 2003 for the above captioned matter was served upon the above-captioned Defendant at ,3 A]"-ra Bt d Oom4 S-,. Car li s le , on the I0't day of lu 2003, at approximately o'clock ?.m. The Order was served upon /?P V t h ShU a Zn (Defendant or agent/person in charge), in accordance with Pa.R.C.P. 1930.4(a)(1) or Pa.R.C.P. 1930.4(a)(2)(iii). DATE: 16-3 By: uA: nature 1?_?Ow1 A-c?n??"T'- III P7 Name PA, S?k-rr (onfal?le Title P,O. Rnx S96 Address ?&,, /1 /YI45/nLJ/1 , PQ 1,7072- City, State L/ -7/7 - 27-6 - _57 VS- Telephone JUL 2 1 2003 *v/ l.. ci =? ?fl Q f? O U DEBORAH L KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEVIN E. SHUGHART, Defendant/Respondent 99-7424 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of July, 2003, this matter having been brought before the court on a petition by Deborah L. Keefer to hold Kevin E. Shughart in contempt and for an order of special relief for the failure of Kevin E. Shughart to comply with the terms and conditions of a custody order entered in this court on May 14, 2003, by not returning the parties' children, Cecilia and Rebecca, to her following a period of his temporary physical custody, and finding that defendant is in contempt and that plaintiff is entitled to an order of special relief, even though the defendant has now returned the children to the mother following service of this petition, IT IS ORDERED: 1. Defendant shall hereafter comply with all terms and conditions of the custody order of May 14, 2003. 2. Plaintiff is awarded a counsel fee of $325.00, a filing fee of $100.00, and a service fee of $75.00, totalling $500.00 in this case. 3. Defendant shall make the $500.00 payment to plaintiff not later than Friday, August 15, 2003. 4. Under the terms of the court order, the girls should have been returned to their mother on June 15, 2003. Defendant was served with the petition on July 10, 2003, and returned the girls to the mother on July 13, 2003. In order to make up for the time the defendant wrongfully had the children, the mother shall have them uninterrupted until the order shall recommence for alternate weekend visitation commencing at TA ;I. Lit... .. . 6:00 p.m. on Friday, August 15, 2003, through Sunday, August 17, 2003, at 6:00 p.m. Ahomas S. Diehl, Esquire For Plaintiff /Kevin E. Shughart, defendant 5 North Bedford Street, Apt. 2 Carlisle, PA 17013 Sheriff prs st L P itlt° o?. zz? I?w r .. is ; i. r Deborah Keefer July 9, 2003 336 W. Main St. Mechanicsburg, PA 17055 /? ® Fr File #: 01156 dr kb - Attentio Inv #: PREBILL2 RE: Domestic DATE DESCRIPTION TASK HOURS AMOUNT LWYR Jun-16-03 Telephone Conference With Client BW 0.10 12.50 TSD Jun-18-03 Office Conference BW 0.50 62.50 TSD b 20 a Domestic Relations Office Conference BW 1.00 125.00 TSD i. Jun-19-03 Subpoenas BW 0.50 62.50 TSD , 1 Draft Special Petition BW 1.00 125.00 TSD Office Conference BW 0.70 87.50 TSD f j Jun-25-03 Telephone Conference With Client BW 0.30 37.50 TSD y letter to client BW 0.20 25.00 TSD Jun-27-03 Telephone Conference With Client BW 0.10 12.50 TSD Telephone Conference With Client #2 BW 0.30 37.50 TSD Special Petition Filing Fee BW 100.00 TSD Totals 4.70 $687.50 FEE SUMMARY: Lawyer Hours Effective Rate Amount 1 P Thomas S. Diehl 4.70 $146.28 $687.50 '7 111107 RS Jun-16-03 Retainers Carried Forward _o 25.00 Ian' 00 7-? , 00 OD i , avoice #: PB?]LI,2 Page Total Fees & Disbursements n .rte Previous Balance Previous Payments Balance Due Now AMOUNT QUOTED: July 9, 2003 S662.50 50.00 $0.00 S662.50 $0.00 THOMAS S. DOL. ESQUIRE '.' Jonathan Billet, Constable C 7/9/2003 01-156 D. Keefer C"?"heckmg -Business D. Keefer/01-156 -Business D. Keefer/01-156 RWE t92MTU"wM9 Emk" QToPerwr:1-8oO225.g.980wW ..rtob9.mm PmlaohU.SA H ® 0 am 11188 75.00 75.00 DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY KEVIN E. SHUGHART, Defendant NO. 99- 7 q;?'V CIVIL TERM The plaintiff, Deborah L. Keefer, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Deborah L. Keefer, residing at 12 Courtland Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is Kevin E. Shughart, residing at 24 Garden Parkway, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Cecilia N. Shughart 12 Courtland Road April 8, 1995 Camp Hill, PA 17011 Rebecca C. Shughart 12 Courtland Road Camp Hill, PA 17011 May 24, 1997 The children were born out of wedlock. The children are presently in the custody of Deborah L. Keefer. During the past five years, the children have resided with the following persons and at the following addresses: a ? Persons Addresses Deborah L. Keefer 12 Courtland Road Claudia Stranacher Camp Hill, PA 17011 (Maternal Grandmother) Robert Stranacher Deborah L. Keefer 6 Koser Road Shippensburg, PA Deborah L. Keefer Kevin E. Shughart Deborah L. Keefer Kevin E. Shughart Deborah L. Keefer Kevin E. Shughart Deborah L. Keefer Kevin E. Shughart Deborah L. Keefer Kevin E. Shughart Deborah L. Keefer Kevin E. Shughart 1 Bellaire Ave., Carlisle, PA 295 W. Main Street Newburg, PA 355 Water Dr., N.C Surf Condos, N.C 435 Hwy. 175, N.C Panama City, Fla Dates 10/3/99 to present 2/12/99 to 10/3/99 2/1/99 to 2/12/99 10/98 to 1/99 3/98 to 9/98 4/97 to 3/98 March 1997 10/95 to 3/97 4. The relatio nship of the plaintiff to the children is that of mother. She is single. She currently resides with the following persons: Name Claudia Stranacher Robert Stranacher Mother Mother's Husband 5. The relationship of defendant to the child is that of father. He is single. He currently resides with the following persons: Name Cordelia Cosner Relationshiv Mother 6. On March 9, 1999, the Court entered a Consent Agreement and Final Order in a Protection of Abuse action brought by the plaintiff. The Order grants the plaintiff primary physical custody and the Defendant partial physical custody of the children. The order will expire on March 5, 2000. A copy of the Consent Agreement and Final Order is attached. Plaintiff has no other information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff has and is willing to accept custody of the children; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; e) Defendant has not indicated to plaintiff an interest in accepting primary physical custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. plaintiff requests the court to grant her primary physical and joint legal custody of the children. Date: 12.' 10)IJ Todd Greene Cert' ied Le 1 Intern THOMA M. P ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 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. §4904 relating to unsworn falsification to authorities. Date: //'a///0/v'? /x"")?? / eborah L. Ke e Plaintiff YNIVAWNN2d AINIrIOD ill :Z Wd 0 I iAO 66 ru' Deborah L. Keefer, Plaintiff v. -1^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE Kevin E. Shughart, Defendant NO. 99-987 CIVIL TERM CONSENT AGREEMENT AND FINAL ORDER This Agreement is entered on this Y_ day of March, 1999, by the plaintiff. Deborah L. Keefer, and the defendant, Kevin E. Shughart, each of whom is represented by counsel, as indicated below. Without admitting the allegations of abuse, the defendant agrees that the Court shall enter an Order containing the following terms: 1. Defendant shall not abuse. cause reasonable fear of abuse, threaten with violence, or harass plaintiff. whether personally or through his agents. 2. Defendant shall not enter any of plaintiff's future places of employment. 3. Except for contact pertaining to the minor children. Cecilia and Rebecca, defendant agrees not to trespass at plaintiff's residence. currently 6 Koser Road, Shippensburg, PA. 4. Defendant shall not to harass or stalk plaintiff or plaintiff's relatives. 5. Except for contact pertaining to the minor children, the defendant shall not have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 6. Plaintiff shall have general physical and legal custody of Cecilia and Rebecca Shughart. Defendant shall have temporary partial custody the minor children for three (3) days per week. as agreed upon by the parties. On weekdays. such visits shall he from 6:00 p.m. to 1J _ COPY t ti 9:00 p.m. On weekends, such visits shall be from noon to 9:00 p.m. The defendant will be responsible for the transportation. Defendant shall not take the children out of the State of Pennsylvania without express consent of the plaintiff. 7. The parties agree that these provisions shall be considered a temporary custody order that can be modified pursuant to further agreement or after petition and hearing. 8. The Carlisle and Shippensburg Police Department shall be provided with a certified copy of this Order by the plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section. the defendant shall he taken without necessary delay before the court that issued the order. When that court is unavailable. the defendant shall be taken before the appropriate district justice. (23 P. S. §6113). 9. The parties intend to he legally bound by the terms of this agreement and request that a Protection Order be entered to reflect the above terms. .1 The defendant has been advised of his right to have a hearing and to be represented by an attorney. The Family Law Clinic has given the defendant no legal advice other then to seek his own counsel. 10. BRADY INDICATOR: a) The Plaintiff and the Defendant have cohabited together and have two children together. Cecilia & Rebecca Shughart. b) This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. c) This Order restrains the Defendant from harassing, stalking, or threatening the Plaintiff. d) Defendant represents a credible threat to the physical safety of the Plaintiff. e) The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 11. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 12. All provisions of this order shall expire in one year, on March 5 , 2000, except that Plaintiff may ask the Court, after notice and hearing. to extend the term of the Order. pursuant to 23 Pa. C.S. § 6108(e). NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO 51.000.00 AND/OR A.JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCE- ABLE IN ALL FIFTY (50) STATES. THE DISTRICT OF COLUMBIA. TRIBAL LANDS. U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIO- LENCE AGAINST WOMEN ACT. 18 U.S.C. §§ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUB- JECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER TriAT ACT. 18 U.S.C. §§ 2261 2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED. YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PRO- VISIONS OF THE GUN CONTROL ACT. 18 U.S.C. §§ 922(G), FOR POSSESSION. TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant. based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. § 6113. r" Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further order of this court. When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the h ring. eborah L. Keefer, P int'' nS an 15 Raney> Certified Legal In ern UV - 11? i Donald drritz, S korney Robert E. Rains, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Plaintiff Ile ` Kevin E. Shugha , D ndant James J. Kayer. Esquire Counsel for Defendant Order AND NOW, this f o day of March, 1999, the foregoing Agreement is approved and entered as an Order of Court. TRUE COPY FROM RECORD In Tu:t;n:mv ?-,h: -e^f, ! : unto set my hand and the seal of said Court at Carlisle, Pa. This ...... t../p.4?.? day of.......... .......... Prothonotary Edgar B. ayley, Judge DEBORAH L. KEEFER, Plaintiff V. KEVIN E. SHUGHART, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99- -)y2Y PRAECIPE TO PROCEED IN FORMA PAUPERIS CIVIL TERM Kindly allow Deborah L. Keefer, Plaintiff, to proceed in forma pauperis. I, Todd Greene, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Todd reene Certi d Legal Inte i IM ROB T . RAINS THOMAS M. PLACE Supervising Attorney DONALD MARRITZ Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax(717)243-3639 AINnoo ,,;z u ra-? ht.eV'j 0!3.3066 DEBORAH L. KEEFER, Plaintiff V. KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 7y?yCIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Deborah L. Keefer Address: 12 Courtland Road, Camp hill, Pennsylvania 17011 Social Security No.: 182-64-2970 (b) Employment If you are presently employed, state Employer: Manpower Address: 3324 Trindle Road, Camp Hill, Pennsylvania 17011 Salary or wages per month: $1,000.00 Type of work: Shipping Clerk/Data Entry (c) Other income within the past twelve months: $500.00 in Child Support Public Assistance: Medical Access Card for Children Food Stamps: $95.00 per month (d) Property owned: Checking account: $200.00 Savings account: $200.00 Motor vehicle: Make: Mazda 626, Year 1989 Cost $1,000.00, Amount Owed $0 (f) Debts and obligations Rent: $200.00 Childcare: $160.00 Food: $225.00 Medical Expenses: $50.00 Medication: $50.00 Toiletries: $60.00 Haircuts: $40.00 Entertainment: $50.00 Gas for Car $100.00 Clothing: $75.00 Insurance: $60.00 Auto Repairs: $50.00 TOTAL MONTHLY EXPENSES: $1,120.00 TOTAL MONTHLY INCOME: $1,097.00 (g) Persons dependent upon you for support Name: Age: Cecilia N. Shughart 4 Rebecca C.Shughart 2 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date i io 49 eborah L. Keefer Petitioner ?? Qt „i 'tl C?' _"? ", ?_ ^ ??.? .?- }rte Lr ? 1 ' 't Jif ? .C nfc a s DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY KEVIN E. SHUGHART, I y 1 `f Defendant NO. 99- CIVIL TERM AND NOW, this 4fo day of tr-?en6tr , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, the conciliator, atAKI V\ 0C , Cumberland County Courthouse, on the D` day of 3a(\ , 2000, at'?;•'%m,, 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. Either parry may bring the child(ren) who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By. 1 Custody 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. I' Loll VIN'VIO SNN?- d 111 :c 148 E.1 j1d GIG % JAN 31 2000 DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99-7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this day of 9?,2 00, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior custody orders entered in this case are vacated. 2. The Mother, Deborah L. Keefer, and the Father, Kevin E. Shughart, shall enjoy shared legal custody of Cecilia N. Shughart, born April 8, 1995 and Rebecca C. Shughart, born May 24, 1997. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Thursday evening at 6:00 p.m. through Monday morning at which time Father shall deliver the children to their scheduled daycare. Additionally, during the day on Friday when the Father has custody he shall also ensure that the children attend the scheduled daycare. B. On the week after the weekend Father exercises custody, he shall enjoy temporary custody of the children on Tuesday and Thursday evening from after school until 8:00 p.m. C. On the weekend after Father does not have custody, Father shall enjoy temporary custody of the minor children on Monday evening from after school until 8:00 p.m. 5. The parties shall share custody of the children on major holidays and the children's birthdays in accordance with a schedule to be agreed upon at a later date. If no agreement is reached, the parties will alternate the custody of the minor children on the following holidays: New Year's Day, Memorial Day, July 0, Labor Day, Thanksgiving, Christmas Eve, Christmas and the children's birthdays. The times are to be mutually agreed upon by the parties. 6. Father shall handle all transportation for exchange of custody. Both parties are entitled to receive all medical, dental and educational records for the minor children and both parties are directed to share whatever medical, dental, educational and other pertinent important records they have of the children with the other parent. 8. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. The times are to be mutually agreed upon by the parties. This provision and the holiday provision set forth above shall supersede any alternating weekend schedule or other custody schedule. 9. The parties may modify this Order as they agree. However, absent an agreement between the parties, this Order shall control. 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case scheduled for a Conference with the Custody Conciliator. BY THE(COua? cc: Tom Greene Dickinson School of Law Family Law Clinic James Kayer, Esquire Edgar B. Bayley' V RK3 J. Y uNnn r r r ,- nt?1 A,^'?s? i.,. !ij DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-7424 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on January 21, 2000, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her student attorney Todd Greene of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. ao /, O DATE Hubert X. Gilroy, Esquh Custody Conciliator N DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. : IN CUSTODY KEVIN E. SHUGHART, Defendant : NO 99-7424 PETITION FOR MODIFICATION OF OF CUSTODY ORDER The petition of Plaintiff, Deborah L. Keefer, respectfully represents that on February 2, 2000, an Order of Court was entered giving plaintiff Primary Custody of Cecilia N. Shughart, born April 8, 1995, and Rebecca C. Shughart, born March 24, 1997, a true and correct copy of which is attached. 2. This Order should be modified because: a. The oldest daughter is starting kindergarten in the Fall of 2000. b. The visitation schedule set out in the February 2, 2000 Order will be disruptive to the children's school schedules. C. For a stable environment children should be with the plaintiff during the week and with the defendant on the weekends. WHEREFORE, Petitioner asks that the Court modify the existing Order for Primary Custody because it will be in the best interest of the children. an r-1 I Il Q?t? P A) Je er Jones Ce 'red Legal tern LI ki'l s,% Yr_ THOMAS M. PLACE ROBERT E. RAINS Supervising Attorney FAMILY LAW CLINIC 45 N. Pitt. St. Carlisle, PA 17013 717 243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: De ora i L. Keefer (,) Ca ( l . .i z r... ;.;i T C? 3 MITI Tf CU =? DEBORAH L. KEEFER PLAINTIFF V. KEVIN E. SHUGHART DEFENDANT IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • 99-7424 CIVIL ACTION LAW IN CUSTODY AND NOW, this 20th day of July , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on the 5th day of October , 2000, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Hobert X. Gilroy. E. 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 00-1i°C A 57 04•I z'L WINMASNN-sd sill ,? ; ? "?f C.3 s, DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY KEVIN E. SHUGHART, Defendant NO. 99-7424 CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer Jones, a Certified Legal Intern, hereby certify that on July 17, 2000, I served copies of the Petition for Modification of Custody Order on Kevin E. Shughart, residing at 24 Garden Parkway, Carlisle, Pennsylvania, 17013, by first class United States Mail. Date: 11 C)Od 4Je-ffjeerd Jones Legal rn FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 C.) ca o AUG 31 2001 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this day of 20W, upon consideration of the attached Custody Conciliation Report, i4iso redand directed as follows: This Court's prior Order of February 2, 2000 shall remain in effect subject to the following modifications: A. The parties may alter the Custody Order is there is a written document confirming an agreement between the parties for a modification of the Order. B. Neither party shall disparage the other parent to the children or allow the children to hear their parents ridiculed in any manner by either the custodial parent or any of their associates. 2. Mother may renew her petition to modify custody based upon the fact that the children are starting school and based upon any other facts the Mother may deem appropriate. Mother's agreement to withdraw the Petition to Modify Custody is without prejudice to her refiling of that Petition at any time in the future. BY THE COURT, cc: Jennifer Jones Dickinson School of Law Family Law Clinic James J. Kayer, Esquire Edgar B. Bayle}F R LIZ r- DEBORAH L. KEEFER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO 99-7424 PETITION FOR MODIFICATION OF CUSTODY ORDER Deborah L. Keefer, Petitioner, by and through her attorneys, The Family Law Clinic, brings this Petition for Modification, seeking to modify the current custody Order relating to her children Cecilia N. Shughart, born April 8, 1995, and Rebecca C. Shughart, born March 24, 1997. In support of her petition, Petitioner states as follows: The petition of Deborah L. Keefer, respectfully represents that on February 2, 2000, an Order of Court was entered for Custody, a true and correct copy of which is attached. 2. The petition of Deborah L. Keefer, respectfully represents that on on September 1, 2000, an Order was entered modifying the Order of February 2, 2000, a true and correct copy of which is attached. 3. The February 2, 2000 and September 1, 2000 Orders should be modified because: a. On Tuesday, September 26, 2000, the Respondent was admitted to the hospital after attempting suicide by drinking alcohol and taking pills. b. On Saturday, October 21, 2000, the Respondent, Kevin E. Shughart, was arrested for driving under the influence of alcohol. C. At the time the Respondent was arrested for driving under the influence of alcohol, he was exercising his scheduled custodial period with the children. Although the children were not present in the car when Respondent was arrested, Respondent was responsible for the children's safety while in his care and control. d. The children were at a friend's home when Respondent was arrested. The friend called Petitioner to pick up the children. e. Respondent was on probation at the time of his arrest. As part of Respondent's probation, he was not allowed to consume any alcoholic beverages. Respondent has been sentenced to serve five (5) consecutive months in the Cumberland County Prison. f. Petitioner seeks to modify the existing Orders, limiting Respondent's custodial periods with the children to daytime visits only. g. Petitioner is better able to provide the children with the moral, emotional and financial support that they need. h. Petitioner fears for the safety of her children while they are in the custody of Respondent, particularly when they are in his custody for extended periods of time and/or overnight. i. Petitioner believes that Respondent has significant drug and alcohol problems. j. Petitioner believes that Respondent must undergo drug and alcohol evaluation and counseling prior to resuming extended custodial periods with the children. k. Petitioner believes that Respondent is emotionally unstable and not able to adequately or appropriately care for the children. -2- WHEREFORE, Petitioner asks that the Court modify the existing Custody Order, limiting Respondent's custodial periods with the children, because it will be in the best interest of the children. nifer Jone 'fled Leg Intern L. THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 N. Pitt. St. Carlisle, PA 17013 717 243-2968 -3- VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: a - aV 2'e??z A4? Deborah L. Keefer -4- JAN tl 20000) DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY AND NOW, this 2AJ day of ; 2000" upon consideration of the attached Custodv Conciliation Report, it is ordered and directed as follows: All prior custody order; entered in this case are vacated. 2. The Mother, Deborah L. Keefer, and the Father, Kevin E. Shughart, shall enjoy shared legal custody of Cecilia N. Shughart, born April 8, 1995 and Rebecca C. Shughart, born MW 24, 1997. V%MA 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Thursday evening at 6:00 p.m. through Monday morning at which time Father shall deliver the children to their scheduled daycare. Additionally, during the day on Friday when the Father has custody he shall also ensure that the children attend the scheduled daycare. B. On the week after the weekend Father exercises custody, he shall enjoy temporary custody of the children on Tuesday and Thursday evening from after school until 8:00 p.m. C. On the weekend after Father does not have custody, Father shall enjoy temporary custody of the minor children on Monday evening from after school until 8:00 p.m. 5. The parties shall share custody of the children on major holidays and the children's birthdays in accordance with a schedule to be agreed upon at a later date. If no agreement is reached, the parties will alternate the custody of the minor children on the following holidays: New Year's Day, Memorial Day, July 0, Labor Day, Thanksgiving, Christmas Eve, Christmas and the children's birthdays. The times are to be mutually agreed upon by the parties. 6. Father shall handle all transportation for exchange of custody. Both parties are entitled to receive all medical, dental and educational records for the minor children and both parties are directed to share whatever medical, dental, educational and other pertinent important records they have of the children with the other parent. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. The times are to be mutually agreed upon by the parties. This provision and the holiday provision set forth above shall supercede any alternating weekend schedule or other custody schedule. 9. The parties may modify this Order as they agree. However, absent an agreement between the parties, this Order shall control. lo. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, AS/ A^1 IA Edgar B. yley cc: Tom Greene Dickinson School of Law Family Law Clinic James Kayer, Esquire r and the seal o` a,id 'Court t rlisia, Pe. T14 a of. 3. 2 * r Prothorrot ry DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant AUG 31 200 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7424 CIVIL : IN CUSTODY AND NOW, this 's day of , 2000, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. This Court's prior Order of February 2, 2000 shall remain in effect subject to the following modifications: A. The parties may alter the Custody Order is there is a written document confirming an agreement between the parties for a modification of the Order. B. Neither party shall disparage the other parent to the children or allow the children to hear their parents ridiculed in any manner by either the custodial parent or any of their associates. 2. Mother may renew her petition to modify custody based upon the fact that the children are starting school and based upon any other facts the Mother may deem appropriate. Mother's agreement to withdraw the Petition to Modify Custody is without prejudice to her refiling of that Petition at any time in the future. BY THE COURT, Edgar 19. Bayley 77- cc: Jennifer Jones Dickinson School of Law Family Law Clinic James J. Kayer, Esquire DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY KEVIN E. SHUGHART, Defendant NO. 99-7424 CIVIL TERM CERTIFICATE OF SERVICE I, Melanie Walz Scaringi, a Certified Legal Intern, hereby certify that on December 12, 2000, I served a true and correct copy of the attached Petition for Modification of Custody Order on attorney for defendant, James J. Kayer, Esquire, Kayer & Brown, 4 Liberty Avenue, Carlisle, Pennsylvania, 17013, by first class United States Mail. Date: chi I a. I trp - M C ? • am A 4' A1,0A Mel 'e Walz Scaringi Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 `c c? ?, ?? `? T'J c? G? `..? <+3 DEBORAH L. KEEFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN E. SHUGHART 99-7424 CIVIL ACTION LAW DEFENDANT IN CUSTODY AND NOW, this 15th day of December , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 11th day of January, 2001 , at 8:30 a.m. 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Hubert X. Oro y, zy? 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 99 = -?% '?2 'a ?d hl ?1 /Kv vlr?rnusrvn?d uMo? anrnsay?u? SS :I Wd 61 030 00 70 1 DEBORAH L. KEEFER Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on August 29, 2000, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her representative, Jennifer Jones, of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James J. Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. g 3a d DATE Hubert X. Gilroy, E: Custody Conciliator K MAR 13 2001 G0 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this I? day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of February 2, 2000 shall remain in place subject to the following modifications: A. Father shall undergo an alcohol/drug evaluation to be performed by a qualified professional. The results of that evaluation shall be shared with legal counsel for both parries, with the evaluation and the results provided within sixty (60) days from the date of this Order. If the counselor deems it appropriate, the counselor can also indicate in their findings whether any problems the Father may have at this particular time interfere with the Father's ability to care for the minor children who are the subject of this Court Order. B. Father shall not consume alcohol or illegal drugs during the time he has custody of the children. C. Father's overnight visitation with the children shall be exercised at Father's mother's home. D. Upon the conclusion of the evaluation, legal counsel for both parties may contact the Custody Conciliator for a telephone conference call . The purpose of this call will be to address whether the grandmother's continued supervision on overnight visitation is required and also whether there is any follow up recommendation from the counselor. E. Father shall execute the appropriate releases for his counselor to authorize the counselor to release the mentioned information to legal counsel for both parties. 2. Nothing in this Order shall be construed to prohibit Father from taking any prescription medication that is issued to him by a treating physician. cc: James J. Kayer, Esquire Jennifer Jones Dickinson School of Law Family Law Clinic Edgar B. Bayley 41` M VAWNN3d MNn00 QR^ q-y9Nno 91 :$ WV h 1 M 10 JO V DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995 and Rebecca C. Shughart, born March 24, 1997. 2. A Conciliation Conference was held on March 7, 2001, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her representative, Jennifer Jones of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James J. Kayer, Esquire. 3. Based upon the information received at the Custody Conciliation Conference, the Conciliator recommends the entry of an order in the form as attached. DATE Hubert X. oy, Esquire DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7424 CIVIL TERM KEVIN E. SHUGHART, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter the appearance if Thomas S. Diehl, Esquire, as counsel for the Plaintiff, Deborah L. Keefer, in the above-captioned action. Date: J -'.A 1--0 ( TO THE PROTHONOTARY: Respectfully submitted, Thomas . Diehl, Esquire Mislitsky & Diehl One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 Please withdraw the appearance of Teri Henning, Esquire, as counsel for the Plaintiff, Deborah L. Keefer, in the above-captioned action. Date: 'S 1 Respectfully submitted, Ten enning, Esquire Dale F. Shughart Community Law Center 42 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 ,C t ci? DEBORAH L. KEEFER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Deborah L. Keefer, by and through her legal counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. The Petitioner is the above-named Plaintiff, Deborah L. Keefer, an adult individual currently residing at 336 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is the above-named Defendant, Kevin E. Shughart, an adult individual currently residing at 24 Garden Parkway, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the children, Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 4. The parties are subject to an Order of Court dated March 13, 2001, which references a previous Order date February 2, 2000, attached hereto and incorporated herein by reference as Exhibit `A' and Exhibit `B' respectively. COUNT I-CONTEMPT PART I 5. Paragraphs 1 through 4 are incorporated herein by reference. 6. Since the entry of the Court's Order of February 2, 2000, the children have primarily resided with the Petitioner. 7. The prior Order of February 2, 2000 was modified by subsequent Order dated March 13, 2001. 8. Specifically, in Paragraph IA of the March 13, 2001 Order, Respondent was required to undergo alcohol/drug evaluation to be performed by a qualified professional, and to share results of said evaluation with legal counsel within sixty (60) days of March 13, 2001. 9. The purpose of the Court-ordered evaluation was to address the Petitioner's allegations that Respondent's alcohol/drug dependency interferes with his ability to care for the minor children at issue. 10. Subsequent to the March 13, 2001 Order, Respondent informed Petitioner that he did not believe that the alcohol/drug evaluation was necessary, and that, accordingly, he would not seek such an evaluation. 11. More than sixty (60) days have elapsed since the entry of the March 13, 2001 Order, and Petitioner nor her counselor have received any indication that Respondent has sought an alcohol/drug evaluation. PART II 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. The Order of March 13, 2001, further mandated in Paragraph 1C that Respondent's overnight visitation with the children would be exercised at paternal grandmother's home. 14. The requirement that overnight visitations take place at paternal grandmother's home was deemed appropriate until Respondent employed the alcohol/drug evaluation in order to convince the Court of his fitness to exercise overnight visitation of the children in his own home. 15. Since the entry of the March 13, 2001, Order Respondent has regularly exercised overnight visitation with the children outside of the maternal grandmother's home over the repeated objections of Petitioner. PART III 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. The Court Order of February 2, 2000, in Paragraphs 4A, 413, and 4C, proscribes specific times at which the parties are to exchange custody. 18. Respondent has routinely returned the children into Petitioner's care thirty to forty-five minutes past the proscribed times. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to find the Respondent in contempt of the existing Order, grant the requested modifications as detailed below, grant any reasonable attorney's fees incurred by the Petitioner, and such other relief as the Court deems fit. COUNT II - MODIFICATION PARTI 19. Paragraphs 1 through 18 are incorporated herein by reference. 20. The current Order of March 13, 2001, grants overnight visitation of the children at the paternal grandmother's home, pending further alcohol/drug evaluation of the Respondent. 21. Petitioner has consistently maintained that Respondent's problems with alcohol/drug dependency have interfered with his ability to exercise overnight visitation, and further contends that Respondent's continued refusal to seek help with his alcohol/drug dependency supports her contention. 22. Respondent has not followed the Court-ordered safeguard, as referenced in Paragraph 14 of this Petition, which indicates that the existing Order of March 13, 2001, required Respondent to exercise overnight visitation of the children at the paternal grandmother's home. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to modify the existing Order such that Respondent would no longer exercise periods of overnight visitation with the children until he has met the conditions of the March 13, 2001 Order, and acquired a evaluation deeming overnight visits with the children appropriate. PART II 23. Paragraphs 1 through 22 are incorporated herein by reference. 24. The existing Order of February 2, 2000, requires multiple-scheduled exchanges over the parties' rotating two-week period. 25. Respondent has demonstrated unwillingness to follow the proscribed exchange times in the Order, and his reoccurring inability to maintain a driver's license has made multiple custody exchanges throughout the weekdays problematic. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to modify the existing Order such that weekday custody exchanges would be curtailed and/or eliminated from the existing Order. PART III 26. Paragraphs 1 through 25 are incorporated herein by reference. 27. The existing Order of February 2, 2000, in Paragraph 4A, requires Respondent to receive the children on Thursday evening at 6:00 p.m. and to return the children to their school/daycare on the following Monday morning. 28. Respondent's history of returning the children in an untimely fashion has unduly interfered with the children's schooling. 29. Furthermore, the children have incurred problems regarding their school/daycare due to Respondent's inability to return them fit and presentable following overnight visits. WHEREFORE , the Petitioner, Deborah L. Keefer, respectfully request this Honorable to Court to modify the existing Order of Court such that Respondent's periods of partial physical custody would be on alternating weekends such that Respondent would have custody on Saturday from 10:00 a.m. until 7:00 p.m., and on Sunday from 10:00 a.m. until 6:00 p.m. PART IV 31. Paragraphs 1 through 29 are incorporated herein by reference. 32. The natural mother of the children is Deborah L. Keefer. She is single. 33. The natural father of the children is Kevin E. Shughart. He is single. 34. The relationship of the Petitioner to the children is that of natural mother. The natural mother currently resides with the children. 35. The relationship of the Respondent to the children is that of natural father. The natural father currently resides with his girlfriend. 36. The Petitioner is not currently participating as a party or as a witness in any other capacity in litigation concerning the children with the exception of the litigation specifically addressed above in this Petition. 37. The Petitioner has no information of a custody proceeding concerning the children pending in any other Court of this Commonwealth. 38. The best interest and permanent welfare of the children will best be provided for by modifying the existing Order for the following reasons: (a) Respondent has not established that he is currently capable of providing suitable overnight accommodations for the children. (b) Unsuitable overnight stays and custody exchange times have negatively affected the children's schooling. (c) Petitioner's requested modifications would provide for a more workable Order under the current conditions, and facilitate her in providing a more stable environment for the children. 39. The Petitioner does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to schedule a Custody Conciliation Conference to address the above issues. Respectfully submitted, I Date: Tomas S. iehl, Esquire Mislitsky & Diehl Supreme Court I.D. No. 78942 One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. ABOH L. KEEFE ti er EXHIBIT A riA4 _ 3 :on•?( d 1? DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 13 day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Order of February 2, 2000 shall remain in place subject to the following modifications: A. Father shall undergo an alcohol/drug evaluation to be performed by a qualified professional. The results of first evaluation shall be shared with legal counsel for both parties, with the evaluation and the results provided within sixty (60) days from the date of this Order. If the counselor deems it appropriate, the counselor can also indicate in their findings whether any problems the Father may have at this particular time interfere with the Father's ability to care for the minor children who are the subject of this Court Order. B. Father shall not consume alcohol or illegal drugs during the time he has custody of the children. C. Father's overnight visitation with the children shall be e:.ercised at Father's mother's home. D. Upon the conclusion of the evaluation, legal counsel for both parties may contact the Custody Conciliator for a telephone confererc gall. The purpose of this call will be to address whether the grandmother's continued supervision on overnight visitation is required and also whether there is any follow up recommendation from the counselor. E. Father shall execute the appropriate releases for his cou.:,lor to authorize the counselor to release the mentioned information iegal counsel for both parties. RECEIVED MAR 1 5 301 2. Nothing in this Order shall be construed to prohibit Father from taking any prescription medication that is issued to him by a treating physician. BY THE COURT, 4eL A J Y? A2j jig i / J. Ed o.Bayley / 6f cc: James J. Kayer, Esquire Jennifer Jones Dickinson School of Law Family Law Clinic I -re rt at Cariisl::, Fa. Tf,i .....>! ....... f.... `lr? . ProthoneM DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SU1 UK"Y REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995 and Rebecca C. Shughart, born March 24,1997. 2. A Conciliation Conference was held on March 7, 2001, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her representative, Jennifer Jones of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughai% with his counsel, James J. Kayer, Esquire. 3. Based upon the information received at the Custody Conciliation Conference, the Conciliator recommends the entry of an order in the form as attached. (,? D DATE Hubert X. 9tlroy, Esquire EXHIBIT B I In ANN t1 ZUP/ i l 1 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99-7424 CIVIL Defendant : IN CUSTODY COURTT O}R?DER AND NOW, this 2rkaJ 9 day of 4r2000'upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: All prior custody orders entered in this case are vacated. 2. The Mother, Deborah L. Keefer, and the Father, Kevin E. Shughart, shall enjoy shared legal custody of Cecilia N. Shughart, bom April 8, 1995 and Rebecca C. Shughart, born May 24,1997. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Thursday evening at 6:00 p.m. through Monday morning at which time Father shall deliver the children to their scheduled daycare. Additionally, during the day on Friday when the Father has custody he shall also ensure that the children attend the scheduled daycare. B. On the week aver the weekend Father exercises custody, he shaii enjoy temporary custody of the children on Tuesday and Thursday evening from after school until 8:00 p.m. C. On the weekend after Father does not have custody, Father shall enjoy temporary custody of the minor children on Monday evening from after school until 8:00 p.m. 5. The parties shall share custody of the children on major holidays and the children's birthdays in accordance with a schedule to be agreed upon at a later date. If no agreement is reached, the parties will alternate the custody of the minor children on the following holidays: New Year's Day, Memorial Day, July 0, Labor Day, Thanksgiving, Christmas Eve, Christinas and the children's birthdays. The times are to be mutually agreed upon by the parties. 6. Father shall handle all transportation for exchange of custody. Both parties are entitled to receive all medical, dental and educational records for the minor children and both parties are directed to share whatever medical, dental, educational and other pertinent important records they have of the children with the other parent. 8. The Father shall always have custody of the children on Father's Day' and the Mother shall always have custody of the children on Mother's Day. The times are to be mutually agreed upon by the parties. This provision and the holiday provision set forth above shall supersede any alternating weekend schedule or other custody schedule. 9. The parties may modify this Order as they agree. However, absent an agreement between the parties, this Order shall control. 1 o. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT. Edgar B. Bdyley cc: Tom Greene Dickinson School of Law Family Law Clinic James Kayer, Esquire -- ^:'Y TN .....-3...... day oi... Q?. onot ry DEBORAH L. KEEFER, Plaintiff KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8,1995; and Rebecca C. Shughart, bom May 24,1997. 2. A Conciliation Conference was held on January 21, 2000, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her student attorney Todd Greene of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached 91/ D? A/- Q e94 DATE Hubert X. Gilroy, Esqu' Custody Conciliav)r r 9,. Q c? 1 J ` I k DEBORAH L. KEEFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN E. SHUGHART DEFENDANT 99-7424 CIVIL ACTION LAW IN CUSTODY AND NOW, Wednesday, June 06, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 28, 2001 at 9:30 a.m. 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court 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/ Hubert X. Crflrov.. LW4 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 MNVAIZNN3d 1,1.(noo ii4iosWno h5 :Z 6lkd 7,1 UP 10 / O r/ /o. /a JUL 0 3 200] DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN E. SHUGHART, NO. 99 - 7424 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this _3" day of 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior custody orders are modified for the remainder of the summer as follows: A. Father's periods of temporary custody with the minor children shall be on alternating weekends from Thursday at 8:00 a.m. through Monday at 8:00 p.m. Father shall also have every Wednesday at 8:00 a.m. through Thursday morning when Father shall deliver the children to daycare. However, when Father has custody on a weekend, Father may keep the children from Wednesday at 8:00 a.m. through the following Monday at 8:00 p.m. B. Exchange of custody shall take place at the Sheetz at the corner of Route 11 and Pennsylvania Route 114. C. Father shall continue counseling and provide Mother's attorney with a report in advance of the Custody Conciliation Conference scheduled below. D. The parties shall meet for another Custody Conciliation Conference on Thursday, August 23`d at 9:30 a.m. BY Edgar J cc: Thomas S. Diehl, Esquire Z1 Mark D. Schwartz, Esquire 7 !' R9 ?` ?? Via, ?, l '`v ,' '? \ v it,tJ - ,Y,:r- L,? A DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The parties are at odds on a number of issues, and the Conciliator recommends an interim order until the end of the summer to see if the parties can work some details out. The Conciliator recommends the entry of an order in the form as attached. G ?? D TE Hubert X. Gilroy, squire Custody Concili for WT °7 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN E. SHUGHART, NO. 99 - 7424 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this j day of 2001, upon consideration of the attached Custody Conciliation Report, it is ordereand directed as follows: The prior custody orders entered in this case are modified to reflect the following understanding: A. Father's periods of temporary custody with the minor children shall be on alternating weekends from Wednesday at 8:00 a.m. through Monday at 8:00 p.m. Additionally, Father shall have custody every Wednesday from 8:00 a.m. through Thursday at 8:00 a.m. B. When the children are in school, exchange of custody shall take place at school with Father either picking the children up or delivering them to school, as applicable, or delivering the children to a daycare provider that is agreed upon by the parties. If the children do not have to attend school, exchange of custody shall take place at the Sheetz store at the corner of Route I I and Pennsylvania Route 114 unless the parties mutually agree on another location. 2. In all other respects, the prior custody orders entered in the above case shall remain in effect. I _ BY THE COURT, cc: Thomas S. Diehl, Esquire Paul B. Orr, Esquire Edgar B. G O,? 5 T: may, DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on September 27, 2001, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her counsel, Thomas S. Diehl, Esquire; and the Father, Kevin E. Shughart, with his counsel, Paul B. Orr, Esquire. 3. The parties agree to the entry of an order in the form as attached. 7/0 t 61-? '0 " TE Hubert X. Gilroy, E uire Custody Conciliato DEBORAH L. KEEFER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Deborah L. Keefer, by and through her legal counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. The Petitioner is the above-named Plaintiff, Deborah L. Keefer, (hereinafter referred as "Mother"), an adult individual currently residing at 336 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is the above-named Defendant, Kevin E. Shughart (hereinafter referred as "Father"), an adult individual currently residing at the Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania 17013. Respondent is due to be released in August, 2002, and after his release, it is unknown where he will be residing. 3. The parties are the natural parents of the children, Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 4. The parties are subject to an Order of Court dated October 2, 2001, which references previous Orders dated July 3, 2001, March 13, 2001, and February 2, 2000, all of which are attached hereto and incorporated herein by reference as Exhibits A, B, C & D respectively. t } ftt t 5. The current Order of October 2, 2001, grants periods of physical custody to Father on alternating weekends from Wednesday at 8:00 a.m. through Monday at 8:00 p.m., and every Wednesday from 8:00 a.m. through Thursday at 8:00 a.m. 6. Father has not exercised custody of the children since November 2001, due to his being incarcerated. 7. Father had been incarcerated during this time for assaulting his then live-in girlfriend, and for a separate offence for driving on a DUI-suspended license. 8. Mother contends that Father's continued unsupervised contact with the children is not in their best interest for the following reasons: (a) Father has not kept the children removed from his volatile behavior. (b) Specifically, the children have been in the custody of the Father during some of his physical outbursts, including beatings of his then girlfriend that led up his arrest. (c) In the week prior to his arrest in November 2001, Father attempted suicide via alcohol and prescription medications which resulted in his emergency placement in the Hershey Medical Center. (d) Father routinely transported the children to custody exchanges with a DUI-suspended license and has a prior history of resisting arrest. Accordingly, Mother believes Father his a high risk of flight with children in his vehicle. 9. The children are currently scheduled to return to school on August 27, 2002, approximately one week after Father's release from prison. 10. Prior to his arrest, Father resided in the home of the victim of his assaultive behavior. 11. Upon his release, Mother is without knowledge of Father's new residence, and as of the date of filing this petition, Father has refused to disclose his intended address. 12. The natural mother of the children is Deborah Keefer. 13. The natural father of the children is Kevin Shughart. 14. The relationship of the Petitioner to the children is that of natural Mother. The natural mother currently resides with the children. 15. The relationship of the Respondent to the children is that of natural Father. The natural father is currently incarcerated in the Cumberland County Prison. 16. The Petitioner has not participated as a party or a witness in any other capacity in litigation of the children. 17. Petitioner has no information of any custody proceeding concerning the children pending in any Court of this Commonwealth. 18. The children's best interest and permanent welfare would be significantly improved by modifying the existing Custody Order for the following reasons: (a) Requiring supervision would provide a more stable environment for the children during the commencement of their school year; (b) Temporary supervision would allow Father time to acquire appropriate living arrangements, and communicate the same to Mother; (c) Requested relief would allow time for the children to reacquaint themselves with Father in a safer and less threatening environment. 19. Petitioner does not know of any person not a party to these proceedings who claims to have custody or visitation right with respect to the children. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to modify the existing Order such that Father's visitation would be supervised and such other relief as the Court may deem appropriate. Respectfully submitted, Date. AUG 16 2002 omas S. Diehl, Esquir Mislitsky & Diehl Supreme Court I.D. No. 78942 One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.5. § 4904, relating to unsworn falsification to authorities. 'A?? ?/ BORAH L. KEE etitioner EXHIBIT A OCT DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN E. SHUGHART. NO. 99 - 7424 CIVIL Defendant IN CUSTODY COURT ORDER n //(f'?J (1 AND NOW, this day of LJC.I n , e R . 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior custody orders entered in this case are modified to reflect the following understanding: A. Fathers periods of temporary custody with the minor children shall be on alternating weekends from Wednesday at 8:00 a.m. through Monday at 8:00 p.m. Additionally, Father shall have custody every Wednesday from 8:00 a.m. through Thursday at 8:00 a.m. B. When the children are in school. exchange of custody shall take place at school with Father either picking the children up or delivering them to school, as applicable, or delivering the children to a daycare provider that is agreed upon by the parties. If the children do not have to attend school, exchange of custody shall take place at the Sheetz store at the comer of Route I I and Pennsylvania Route 114 unless the parties mutually agree on another location. 2. In all other respects, the prior custody orders entered in the above case shall remain in effect. BY THE COURT. ?S Edgar B. ayley cc: Thomas S. Diehl, Esquire Paul B. Orr, Esquire RECEIVED TRUE CC °Y In Testimony v 'eo and thq seal of :4'd; FROM RECORD it bare unto set my hand wrt at arliyle, Pa. l /f......;...? ?......, r DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior.ludge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO.99-7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on September 27, 2001, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her counsel, Thomas S. Diehl, Esquire; and the Father, Kevin E. Shughart, with his counsel, Paul B. Orr, Esquire. 3. The parties agree to the entry of an order in the form as attached. a-? o ?9 IJ " 4/TIE Hubert X. Gilroy, Es uire Custody Conciliate EXHIBIT B JUL 0 3 20 01 n A DEBORAH L. KEEFER. Plaintiff KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY COURT ORDER 4 AND NOW, this day of Ii 2001, upon consideration of the attached Custody Conciliation Report, it is ordcLid and rected as follows: The prior custody orders are modified for the remainder of the summer as follows: A. Father's periods of temporary custody with the minor children shall be on alternating weekends from Thursday at 8:00 a.m. through Monday at 8:00 p.m. Father shall also have every Wednesday at 8:00 a.m. through Thursday morning when Father shall deliver the children to daycare. However, when Father has custody on a weekend, Father may keep the children from Wednesday at 8:00 a.m. through the following Monday at 8:00 p.m. B. Exchange of custody shall take place at the Sheetz at the comer of Route I 1 and Pennsylvania Route 114. C. Father shall continue counseling and provide Mother's attorney with a report in advance of the Custody Conciliation Conference scheduled below. D. The parties shall meet for another Custody Conciliation Conference Oil Thursday, August 23`d at 9:30 a.m. BY THE COURT, B. cc: Thomas S. Diehl, Esquire Mark D. Schwartz. Esquire RECEIVED T E COPT FROM RECORD I Itt Te I, I here veto <_t my haed end "Al of d tpurt at ; lisle, Pa. 1 ......,a.? .? or ..7 .?.?... rte. DEBORAH L. KEEFER. Plaintiff v KEVIN E. SHUGHART. Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The parties are at odds on a number of issues, and the Conciliator recommends an interim order until the end of the summer to see if the parties can work some details out. The Conciliator recommends the entry of an order in the form as attached. D1101 - D TE V/ \ Hubert X. Gilroy, squire Custody Concili for EXHIBIT C DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN E. SHUGHART, NO. 99 - 7424 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 13 day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Order of February 2, 2000 shall remain in place subject to the following modifications: A. Father shall undergo an alcohol/drug evaluation to be performed by a qualified professional. The results of that evaluation shall be shared with legal counsel for both parties, with the evaluation and the results provided within sixty (60) days from the date of this Order. If the counselor deems it appropriate, the counselor can also indicate in their findings whether any problems the Father may have at this particular time interfere with the Father's ability to care for the minor children who are the subject of this Court Order. B. Father shall not consume alcohol or illegal drugs during the time he has custody of the children C. Father's ovennught visitation with the children shall be exercised at Father's mother's home. D. Upon the conclusion of the evaluation, legal counsel for both parties may contact the Custody Conciliator for a telephone conference ;all. The purpose of this call will be to address whether the grandmother's continued supervision on overnight visitation is required and also whether there is any follow up recommendation from the counselor. E. Father shall execute the appropriate releases for his coun-?Ior to authorize the counselor to release the mentioned information iegal counsel for both parties. RECEIVED MAR 1 - 2001 2. Nothing m this Order shall be construed to prohibit Father from taking any prescription medication that is issued to him by a treating physician. BY THE COURT, J. a,61 14,4 Ed .Bayley cc: James J. Kayer, Esquire Jennifer Jones Dickinson School of Law Family Law Clinic L; -M { i h:re ur.tv Fa. ?o rt at Canis a, ..a 71 ,ii ,. . ..? Prorhonefa DEBORAH L. KEEPER, Plaintiff KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE S13WEM ARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995 and Rebecca C. Shughart, born March 24, 1997. 2. A Conciliation Conference was held on March 7, 2001, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her representative, Jennifer Jones of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James J. Kayer, Esquire. 3. Based upon the information received at the Custody Conciliation Conference, the Conciliator recommends the entry of an order in the form as attached (L U DATE EXHIBIT D JW11 z ) DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY a COURT ORDER AND NOW, this 2^? day of 4 2 . upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: All prior custody orders entered in this case are vacated 2. The Mother, Deborah L. Keefer, and the Father, Kevin E. Shughart, shall enjoy shared legal custody of Cecilia N. Shughert, born April 8, 1995 and Rebecca C. Shughart, born May 24,1997. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Thursday evening at 6:00 p.m. through Monday morning at which time Father shall deliver the children to their scheduled daycare. Additionally, during the day on Friday when the Father has custody he shall also ensure that the children attend the scheduled daycare. B. On the week after the weekend Father exercises custody, he snail enjoy temporary custody of the children on Tuesday and Thursday evening from after school until 8:00 p.m. C. On the weekend after Father does not have custody, Father shall enjoy temporary custody of the minor children on Monday evening from after school until 8:00 p.m. 5. The parties shall share custody of the children on major holidays and the children's birthdays in accordance with a schedule to be agreed upon at a later date. If no agreement is reached, the parties will alternate the custody of the minor children on the following holidays: New Year's Day, Memorial Day, July 0, Labor Day, Thanksgiving, Christmas Eve, Christmas and the children's birthdays. The times are to be mutually agreed upon by the parties. 6. Father shall handle all transportation for exchange of custody. Both parties are entitled to receive all medical, dental and educational records for the minor children and both parties are directed to share whatever medical, dental, educational and other pertinent important records they have of the children with the other patent. 8. The Father shall always have custody of the children on Father's Day and the Mother shall always have custody of the children on Mother's Day. The times are to be mutually agreed upon by the parties. This provision and the holiday provision set forth above shall supercede any alternating weekend schedule or other custody schedule. 9. The parties may modify this Order as they agree. However, absent an agreement between the parties, this Order shall control. 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either parry desires to modify this Order, that party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, n i7 Edgar B. B yley cc: Tom Greene Dickinson School of Law Family Law Clinic James Kaver, Esquire Tlii -3... da oi... ?. ?? ~?? ? prothonotary DEBORAH L. KEE`FER, Plaintiff V KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shugbart, bom April 9, 1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on January 21, 2000, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her student attomey Todd Greene of the Dickinson School of Law Family Law Clinic; and the Father, Kevin E. Shughart, with his counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. 00 P/W- (?O DATE Hubert X. Gilroy, Esqu' Custody Conciliatx I CERTIFICATE OF SERVICE I hereby certify this 16`s day of August 2002, that a true and correct copy of the foregoing document was served as follows: Via hand-delivery upon an agent of the following correctional facility where the within Defendant/Respondent currently resides: Cumberland County Prison for Inmate Kevin E. Shughart 1101 Claremont Road Carlisle, PA 17013 Via hand-delivering a copy to the Courthouse mailbox of the following individual: Paul Bradford Orr, Esquire Attorney for Respondent 50 East High Street Carlisle, PA 17013 By Ki y L. Hou Legal Assistant ti. ?.. ? Q C. 7 ?,; ?? ? ? c ? . 7 ? ((( ? > : C7 ? ?rn ,? (A ? t J =C `? DEBORAH L. KEEFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-7424 CIVIL ACTION LAW KEVIN E. SHUGHART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 21, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 19, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court 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/ Hubert X Gilroy. Esq. 0\ 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 AiNfi n os:Eiwv zzsnnzo AwiMl4la d 3-ti 30 r DEtX'8 2002 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this _ day of December, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom o. 2 of the Cumberhmd County Courthouse on the -4-6-t day of 2003, at /'30 P M. At this hearing, the Mother, Deborah L. Keefer, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on these issues, a list of witnesses who will be called to testify at the hearing and the summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order of October 2, 2001 shall remain in effect subject to the following provisions for the Christmas 2002 holiday: A. Christmas shall be divided for this year and for future years into 2 segments, the first segment being from Christmas Eve at Noon until Christmas Day at Noon and the second segment being from Christmas Day at Noon until December 26'h at Noon. For 2002, Mother shall have the first segment with Father having the second segment. This procedure shall alternate in future years such that in 2003 Father shall have the first segment from Christmas Eve through Christmas Day and Mother shall enjoy the second segment in 2003. B. Custody over the holidays other than Christmas shall proceed in accordance with the existing order. C. Additionally, Father shall have New Year's Day 2003 from 9 a.m. to 6:00 p.m., with the alternating schedule thereafter being pursuant to the prior order. cc: -16ul B. Orr, Esquire ,T116mas S. Diehl, Esquire la - a3.oC'?- C? QAC I? t CV i. j (Ij v i DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99 - 7424 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997. 2. A Conciliation Conference was held on December 13, 2002, with the following individuals in attendance: The Mother, Deborah L. Keefer, with her counsel, Thomas S. Diehl, Esquire; and the Father, Kevin E. Shughart, with his counsel, Paul B. Orr, Esquire. 3. This is about the fifth time this case has been before this particular conciliator. The parties are now at odds with respect to Mother's request that the existing order be modified to cut down Father's time and give him essentially alternating weekends. Father is unwilling to agree with that request. The parties require a hearing. 4. The conciliator recommends the entry of an order in the form as attached, and the conciliator's order addresses the Christmas 2002 issue to ensure there are no problems over the holidays. I al (y, Del Q1 DA Hubert X. Gilroy, qquire Custody Conciliate DEBORAH L. KEEFER, Plaintiff V. KEVIN E. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7424 IN CUSTODY PETITION FOR CONTINUANCE AND NOW, comes the Plaintiff, Deborah L. Keefer, by and through his attorney, Thomas S. Diehl, Esquire, who avers the following: 1. On December 13, 2002, the Parties attended a custody conciliation conference before Hubert X. Gilroy, Esq., from which it was determined the parties desired a hearing before the court. 2. Accordingly a hearing had been scheduled before the Honorable Edgar B. Bayley, for Monday, February 6, 2003 at 1:30 p.m. as per Order of Court dated December 23, 2002 (attached here to as "Exhibit A"). 3. Plaintiff's counsel, Thomas S. Diehl, Esq., has a scheduling conflict that would prohibit him from attending the hearing as scheduled. 4. On Thursday, February 22, 2001, the Plaintiff contacted the undersigned to request a continuance of the aforementioned appeal due to the fact that the funeral for the deceased will be held in Wilkes-Barre, Pennsylvania on Monday, February 26, 2001 at 10:00 a.m. 5. The undersigned contacted, Paul Bradford Orr, Esq., counsel for the Defendant, and advised him of this request. Attorney Orr responded that the request is NOT OPPOSED. WHEREFORE, the Plaintiff, Deborah L. Keefer, respectfully requests this Honorable Court to enter an Order continuing the hearing scheduled for February 6, 2003, and reschedule the hearing for a new date. Respectfully submitted, 1 Date: January 24, 2003 ( I'-- Tfiomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Thomas S. Diehl, Esquire Attorney for the Plaintiff CERTIFICATE OF SERVICE I hereby certify this 24 h day of January 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile: Paul Bradford Orr, Esq. 50 East High Street Carlisle, PA 17013 Fax (717) 258-5289 Thomas S. Diehl, Esq. r KC1?2002 DEBORAH L. KEEFE : IN THE COURT OF COMMON PLEAS OF Plainti : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO."-7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this d4 day of December, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is schedul??? Courtroom No. 2 of the Cumberland County Courtlwuse on the l ?" day of 2003, at 1 .3 CL) P.M. At this hearing, the Mother eborah L. Keefer, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each.parties position on these issues, a list of witnesses who will be called to testify at the hearing and the summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (S) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order of October 2, 2001 shall remain in effect subject to the following provisions for the Christmas 2002 holiday: A. Christmas shall be divided for this year and for future years into 2 segments, the first segment being from Christmas Eve at Noon until Christmas Day at Noon and the second segment being from Christmas Day at Noon until December 2& at Noon. For 2002, Mother shall have the first segment with Father having the second segment. This l procedure shall alternate in future years such that in 2003 Father shall have the first segment from Christmas Eve through Christmas Day and Mother shall enjoy the second segment in 2003. B. Custody over the holidays other than Christmas shall proceed in accordance with the existing order. %1k A" U 14 e O#A amv ? a .dwT v ,i C. Additionally, Father shall have New Year's Day 2000 fivm 9 a.m. to 6:00 p.m., with the alteruatmg schedule thereafter being purne t to the prior order. BY THE COURT, Edgar B. ley cc: Paul B. Orr, Esquire Thomas S. Diehl, Esquire TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand an e seal Of said oyurt arlisle, Pa. tt N C7 43. 5 f 11 :.c 0 i 7 ? T I A JAN 2 8 2883 L DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 09' day of , 2003 upon review and consideration of the attached Petition, it is HEREBY ORDERED AND DIRECTED that the hearing scheduled for February 6, 2003, is CONTINUED until the C1ia day of 2003, at Y•30 o'clock ?.m. in Courtroom Number _ a of the Cumberland County Courthouse, One Courthouse Square, Pennsylvania 17013. cc: -Thomas S. Diehl, Esq., P.O. Box 1290, Carlisle, PA 17013 ,, aul Bradford Orr, Esq., 50 East High Street, Carlisle, PA 17013 Y Cie ll ?p\• 6\ MgV`dnlASNNed mNncn, mf,,H mno E, :z 14J R UP ED AMC I ; ??O r., DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN E. SHUGHART, DEFENDANT 99-7424 CIVIL TERM ORDER OF COURT AND NOW, this 0 day of March, 2003, upon agreement of counsel the case is continued generally and referred back to conciliation. By the Edgar B. Bayley, Thomas S. Diehl, Esquire For Plaintiff Paul B. Orr, Esquire s« For Defendant Court Administrator sal MNVAVSNN33d 710 :11 MAR 1 7 2003 DEBORAH L. KEEFER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN E. SHUGHART, DEFENDANT 99-7424 CIVIL TERM ORDER OF COURT AND NOW, this 17 day of March, 2003, upon agreement of counsel the case is continued generally and referred back to conciliation. By the Edgar B. Bayley, Thomas S. Diehl, Esquire For Plaintiff Paul B. Orr, Esquire For Defendant Co Administrator sal MAY 1 3 2003 V DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN E. SHUGHART, NO. 99 - 7424 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this r - \ day of May, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior custody orders entered in this case are modified as follows: A. Father's periods of temporary physical custody with the minor children shall be on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Mother shall handle transportation for exchange of custody on the weekends. B. Additionally, Father shall have periods of temporary physical custody with the minor children on at least two evenings per week, the tunes to be arranged between the parties. These shall be evening visitations during the school year and shall not be over night during the school year. Transportation for exchange of custody shall be shared on these weekday evenings. 2. Legal counsel for the parties shall work between themselves with respect to defining a summer schedule that will attempt to provide Father with additional time in the summer to replace the time he is loosing under the existing Wednesday through Monday alternating weekend custody arrangement. In the event counsel for the parties are unable to reach an agreement on this issue, they may contact the conciliator for another custody conciliation conference via a telephone conference call. 3. Upon Father receiving a driver's license, transportation for exchange of all custody shall be shared between the parties. l 4. In all other respects, the prior custody orders in the above matter shall remain in effect. BY TIC COURT, Edgar B. Bayley cc: ^ul B. Orr, Esquire ,Zbomas S. Diehl, Esquire RKs 6-15-03 a, c. ?'- " c" C.7 ? ? <f :- u r ?-, . y?.?.: ?t i::.iil F': C?'? {Ci -C?.3 r. DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99 - 7424 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The conciliator consulted with counsel for the parties in a telephone conference on May 8, 2003 and recommends the attached court order. i Srh 3/ DATE Hubert X. Gihb, Esquire Custody Conci liator Y DEBORAH L. KEEFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN E. SHUGHART DEFENDANT • 99-7424 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 03, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court 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/ Hubert X. Gilroy, Ew. i/ 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r 7, 4?p -,)"v /rvw VIN /%7A N`n? DEBORAH L. KEEFER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND SPECIAL RELIEF AND NOW, comes the Plaintiff/Petitioner, Deborah L. Keefer, by and through her attorney, Thomas S. Diehl, Esquire, and makes the following Petition for Contempt and Special Relief against the Defendant/Respondent, Kevin E. Shughart: 1. Petitioner is Deborah L. Keefer (hereinafter referred to as "Mother"), an adult individual currently residing at 336 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Kevin E. Shughart (hereinafter referred to as "Father"), an adult individual currently residing at 5 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the children, Cecilia N. Shughart, born April 8, 1995; and Rebecca C. Shughart, born May 24, 1997 4. The parties are subject to an Order of Court dated May 14, 2003, attached hereto and incorporated herein by reference as Exhibit `A.' 5. The current Custody Order grants Father periods of temporary physical custody of the children from Friday 6:00 p.m. until Sunday 6:00 p.m. on alternating weekends, as well as two evenings (not overnight) per week. 6. Mother files this Petition for Contempt and Special Relief for the following reasons: (a) On Sunday, May 18, 2003 (i.e. the Father's first weekend of temporary physical custody under the current Order), Mother arrived promptly at 6:00 p.m. at Father's residence to retrieve the children; (b) Father advised Mother at his residence that he did not believe that he had to release the children at that time, and accordingly turned Mother away; (c) Father did not return the children until Monday morning, at which time Father took the children to school; (d) On Sunday, June 1, 2003 (i.e. Father's second weekend of temporary physical custody under the current Order), Mother arrived promptly at 6:00 p.m. at Father's residence to retrieve the children; (e) Father at that time released one of the parties' daughters, but physically retained the other child until Mother "answered all of his questions;" (f) Mother was thereafter detained for approximately 20 minutes against her will until Father determined his questions were satisfactorily answered, at which time he released the second child into Mother's care; (g) On Sunday, June 15, 2003 (i.e. Father's third weekend of temporary physical custody under the current Order), Mother arrived promptly at 6:00 p.m. at Father's residence to retrieve the children; (h) Mother knocked on Father's door, but did not receive any response; (i) Mother waited at Father's residence for approximately twenty minutes; (j) Thereafter, Mother drove to paternal grandmother's home, who also resides in Carlisle, Pennsylvania, in an attempt to locate Father, but was unsuccessful; (k) Later during the evening of Sunday, June 15, 2003, Mother contacted Father on his cellular telephone, and asked where he and the children were located; (1) Father mockingly responded, "I guess I'm not there!" (m) An argument between the parties then ensured over the telephone, in which Father indicated that he would not return the children to Mother; and (n) In the days following the last exchange of June 15, 2003, Mother has attempted to contact Father via telephone in order to persuade him to return the children. (o) On or about June 20, 2003, Father responded by telephone and told Mother that he would not return the children until he, "saw her in court." (p) As of the filing of this petition, Father has not returned the children to Mother. 7. Mother has had to acquire the services of Thomas S. Diehl, Esquire, to enforce the Court's Order of May 14, 2003, and accordingly has incurred attorney's fees. 8. Father's attorney, Paul Orr, Esq., has been provided notice of this petition via telephone message, and fax on May 27, 2003. WHEREFORE, the Petitioner, Deborah L. Keefer, respectfully requests this Honorable Court to enter an Order as follows: (a) Father is to immediately return the children, as per the existing Order of Court dated May 14, 2003, to the physical custody of Mother; (b) Father is to be found in contempt of the Courts Order of May 14, 2003; (c) Father is to compensate Mother for all attorney's fees reasonably incurred for this action; and (d) To grant any other such relief, as the Court deems appropriate. Respectfully submitted, Date: 12003 Thom iehl, Esquire Attorney for the Plaintiff/Petitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct as relayed to me by the petitioner. As soon as time permits, I will amend petition with petitioner's original signed verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Th as S. Diehl MAY 1 3 2003 DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN E. SHUGHART, : NO. 99 - 7424 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this day of May, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior custody orders entered in this case are modified as follows: A. Father's periods of temporary physical custody with the minor children shall be on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Mother shall handle transportation for exchange of custody on the weekends. B. Additionally, Father shall have periods of temporary physical custody with the minor children on at least two evenings per week, the times to be arranged between the parties. These shall be evening visitations during the school year and shall not be over night during the school year. Transportation for exchange of custody shall be shared on these weekday evenings. 2. Legal counsel for the parties shall work between themselves with respect to defining a summer schedule that will attempt to provide Father with additional time in the summer to replace the time he is loosing under the existing Wednesday through Monday alternating weekend custody arrangement. In the event counsel for the parties are unable to reach an agreement on this issue, they may contact the conciliator for another custody conciliation conference via a telephone conference call. 3. Upon Father receiving a driver's license, transportation for exchange of all custody shall be shared between the parties. 4. In all other respects, the prior custody orders in the above matter shall remain in effect. BY TI9 COURT, J. Edgar B. Bayley cc: *aul B. Orr, Esquire homes S. Diehl; Esquire ? /lopiG9 1 tRO 5.16-03 DEBORAH L. KEEFER, Plaintiff v KEVIN E. SHUGHART, Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99 - 7424 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-?S(b), the undersigned Custody Conciliator submits the following report: ,r 1. The conciliator consulted with counsel for the parties in a telephone conference on May 8, 2003 and recommends the attached court order. s" DATE Hubert X. Gil Esquire Custody Con ' for CERTIFICATE OF SERVICE I hereby certify this 27 h day of June 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile: Paul Bradford Orr, Esq. 50 East High Street Carlisle, PA 17013 Fax(717)258-5289 By ?J. . T as S. Diehl, Esq. C ca ?+ 4 {MJ c_ C? R ? C7 ^G \ \\YC' O ? r JU 0 2003 DEBORAH L. KEEFER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this -Z- day of 2003, upon consideration of the attached Petition for Contempt and Special Relief, it is HEREBY ORDERED AS FOLLOWS: ,l -hl-.e (a) 8, le4odi2f; (b) A hearing on disputed issues of fact shall be held on the 414'k? day of 2003 at o'clock P .M., in the Cumberland County Courthouse in courtroom number ;A and (c) Notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: i J. cc: Thomas S. Diehl, Esquire Attorney for Petitioner Paul B. Orr, Esquire Attorney for Respondent 7-O-Oj J MNbrtuSNt\ed mnoo r5?a H 44no 9z:i Wd C- IACEQ o c_ L DEBORAH L. KEEFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7424 CIVIL TERM KEVIN E. SHUGHART, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Attached is the original Verification signed by the Petitioner, Deborah L. Keefer, for the Petition for Special Relief filed on June 27, 2003. Respectfully submitted, Date: July 10, 2003 Aftorney for Petitioner One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 cc: Paul B. Orr, Esquire Attorney for Respondent VERIFICATION I verify that the statements made in the Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unworn falsification to authorities. '2 /,/ J6? eborah L. K titioner r ? Li n? JUL 0 7 2003 DEBORAH L. KEEFER, Plaintiff/Petitioner V. KEVIN E. SHUGHART, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7424 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, 7o ?wrhe., "T. B? I I r an adult individual, hereby certify that a Order of Court dated July 7, 2003 for the above captioned matter was served upon the above-captioned Defendant at 3 ?lJadrlh 73ed COKI Sr• Carlisle , on the day of S l u 2003, at approximately o'clock R The Order was served upon Kpul h Sk,\V ? (Defendant or agent/person in charge), in accordance with Pa.R.C.P. 1930.4(a)(1) or Pa.R.C.P. 1930.4(a)(2)(iii). DATE: 7 A,) 3 By: uirT1 ature moo, s e?ri.r7r: 3 n e? Name Az STkTf lonSra" ie Title P.a. Rox 6-96 Address ,fJd? j / /? s7awa . PA 1-707Z- City, State _717- 22-6 - siys- Telephone JUL 2 1 2003 Q O ? mp C. r L M_> - r ? DEBORAH L KEEFER, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN E. SHUGHART, Defendant/Respondent 99-7424 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of July, 2003, this matter having been brought before the court on a petition by Deborah L. Keefer to hold Kevin E. Shughart in contempt and for an order of special relief for the failure of Kevin E. Shughart to comply with the terms and conditions of a custody order entered in this court on May 14, 2003, by not returning the parties' children, Cecilia and Rebecca, to her following a period of his temporary physical custody, and finding that defendant is in contempt and that plaintiff is entitled to an order of special relief, even though the defendant has now returned the children to the mother following service of this petition, IT IS ORDERED: 1. Defendant shall hereafter comply with all terms and conditions of the custody order of May 14, 2003. 2. Plaintiff is awarded a counsel fee of $325.00, a filing fee of $100.00, and a service fee of $75.00, totalling $500.00 in this case. 3. Defendant shall make the $500.00 payment to plaintiff not later than Friday, August 15, 2003. 4. Under the terms of the court order, the girls should have been returned to their mother on June 15, 2003. Defendant was served with the petition on July 10, 2003, and returned the girls to the mother on July 13, 2003. In order to make up for the time the defendant wrongfully had the children, the mother shall have them uninterrupted until the order shall recommence for alternate weekend visitation commencing at A . 6:00 p.m. on Friday, August 15, 2003, through Sunday, August 17, 2003, at 6:00 p.m. Ahomas S. Diehl, Esquire For Plaintiff Kevin E. Shughart, defendant 5 North Bedford Street, Apt. 2 Carlisle, PA 17013 Sheriff prs y o?- zz-o3 . . ,. ... ? ,w_.._. ?., ! ?? s ?? tiaN??n?,,s?°?'=''? ,tiny ? r'6 ?? J. u ?L?J? J?J ... 1 .. ./ Y Deborah Keefer 336 W. Main St. • Mechanicsburg, PA 17055 AdenHop'IIeb -FT 0 July 9, 2003 File #: 01156 Inv #: PREBILL2 RE: Domestic DATE DESCRIPTION Jun-16-03 Telephone Conference With Client Jun-18-03 Office Conference Domestic Relations Office Conference Jun-19-03 Subpoenas Draft Special Petition Office Conference Jun-25-03 Telephone Conference With Client letter to client Jun-27-03 Telephone Conference With Client Telephone Conference With Client #2 Special Petition Filing Fee Totals • FEE SUMMARY: Lawyer Hours Effective Rate Thomas S. Diehl 4.70 $146.28 Jun-16-03 Retainers Carried Forward TASK HOURS AMOUNT LWYR BW 0.10 12.50 TSD BW 0.50 62.50 TSD f art BW 1.00 125.00 TSD BW 0.50 62.50 TSD BW 1.00 125.00 TSD BW 0.70 87.50 TSD BW 0.30 37.50 TSD BW 0.20 25.00 TSD B W 0.10 12.50 TSD BW 0.30 37.50 TSD BW 100.00 TSD 4.70 $687.50 PLAINTIFF'S EXHIBIT Amount 1 $687.50 -1?1?1a3 PRs 25.00 X61 ,' y a? . 00 + 7S OD ? ? ? th7 # P+?F x iu!Y 9 2003 P+B? 2 > „ Ivoice T&ae. Dyborkments $662.50 • Previous Balance $0.00 Previous Payments $0.00 Balance Due Now 5662.50 AMOUNT QUOTED: $0.00 i• 11 THOMAS S. DIEHL, [SQUIRE/" if Jonathan Bilk Constable L., n U C 01-156 D. Keefer l 7/9/2003 cva a ___,Ij Checking -Business D. Keefer/01-156 PmdU 99097 Ur W9h 9079 &WOW ® TO Powder: 1.000.2r-0M w pw neb&COM p Y ti U.9A H . mW • 11188 75.00 75.00 0