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HomeMy WebLinkAbout07-4566ABOM ~SZ 1~.iTLILAKIS Michelle L. Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DOUGLAS A. KEEGAN, PLAINTIFF ~S. MAGDALENA E. KEEGAN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: a7 - y r`` C`~-' ~~~ ~~ CIVIL ACTION -LAW : IN CUSTODY 1. Plaintiff is Douglas A. Keegan, who currently resides at 19 Lismore Place, Mechanicsburg, 17050, Cumberland County, Pennsylvania. 2. Defendant is Magdalena E. Keegan, who currently resides at 1400 Beni Creek Boulevard, Apartment #131, Mechanicsburg, 17050, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 29, 2001, in 'Lancaster County, Pennsylvania. !~ 5. The Plaintiff and Defendant were separated on October 30, 2006. COUNT I -CUSTODY III 6. Paragraphs one (1) through five (5) of this Complaint are incorporated ~erein by reference as though set forth in full. 2 7. Plaintiff is Douglas A. Keegan, who currently resides at 19 Lismore Plate, Mechanicsburg, 17050, Cumberland County, Pennsylvania. 8. Defendant is Magdalena E. Keegan, who currently resides at 1400 Bent Creek Boulevard, Apartment #131, Mechanicsburg, 17050, Cumberland County, Pennsylvania. 9. The Plaintiff is seeking shared legal custody with the Defendant and the' Plaintiff is seeking primary physical custody of the following child: a. Sara Lorraine Keegan, born June 21, 2004, in Lancaster County, Iennsylvania. i. The child was born in wedlock. 10. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Douglas and Magdalena Keegan Douglas Keegan Magdalena Keegan 11. 12. Address 19 Lismore Place Mechanicsburg, PA 17050 19 Lismore Place Mechanicsburg, PA 17050 1400 Bent Creek Boulevard Apartment #131 Mechanicsburg, PA 17050 Date Birth to October 30, 2006 October 30, 2006 to present OctolDer 30, 2006 to present The father of the child is Douglas A. Keegan, who currently resides at 19 Lismore Place, Mechanicsburg, Pennsylvania. The mother of the child is Magdalena E. Keegan, who currently resides at 1400 Bent Creek Boulevard, Apartment #131, Mechanicsburg, Pennsylvania. 13. 14. 15. 16. The relationship of Plaintiff to the child is that of Father. The relationship of Defendant to the child is that of Mother. The Plaintiff currently resides with the child. '~ The Defendant currently lives with the child. 3 17. The Plaintiff has no information of a custody proceeding concerning thee.. child pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person nor a party to the proceeding$ who has physical custody of the child or claims to have custody or visitation rights with res~ect to the child. 19. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father and Mother have been the primary caregivers of the minor child since her birth. They have: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Played with the child each and every day and even taken the child to the park several times a week; and iv. Put the child to bed nightly, attended to the child in the riddle of the night, and awakens the child in the morning. b. The child has a psychological bond with the Father and Mother. ' c. The Father and Mother will be able to provide a stable home for the child. d. The Father and Mother can provide for the child both financially and emotionally. e. The Father can immediately provide the child with the basic day to day necessities. 20. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. ' 4 WHEREFORE, the Plaintiff requests that this Court grant shared ,legal and physical custody to both the Plaintiff/Father and Defendant/Mother. DATE ~ I I I U'f' Respectfully submitted, Aao~r 8t KUTULAKIS, L.L.P. Michelle L. Somm Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint 5 I, DOUGLAS A. KEEGAN, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. l ~- Date '~ O -1 DOUGLAS A. EGAN 6 AND NOW, this 15t day of August 2007 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the I foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States, First-Class Mail, postage prepaid addressed to the following: Suzanne Spencer Abel, Esquire Newharth Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Attorney for the Defendant Respectfully submitted, ABOM & KuTUZ.A~s, L..~.P. Michelle L. So ,Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaint 7 N (~ ~4. ~; ~ ~' ~: .. ~ 3 F- ~_ ~ ,~ c c ~:~= ~}._ ~ ~ ~ ~ ~~ rv c~ -~ N ~, 0 ~~ ~ ~ °„~ Coy= .~ DOUGLAS A. KEEGAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MAGDALENA E. KEEGAN DEFENDANT • 07-4566 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 13, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 14, 2007 at 2:00 PM for aPre-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 ale 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/ ohn .Man an r. Es . 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. 1F 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 ~~~~ ~~ p~~ ~'~ ~ ~ ~o ~i~ 4 ~~ .~ ~~!~ ~! ~~ tGOZ ,1 SFP ~ ~ X07 G DOUGLAS A. KEEGAN Plaintiff v. MAGDAI,ENA E. K,EEGAN ..Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4566 Civil Term ACTION IN CUSTODY 11 W COURT ORDER AND NOW, this/' day`of September, 2007, upon consideration of the attached. Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Mother, Magdalena Keegan, and the Father, Douglas Keegan, shall enjoy shared legal custody of the minor child, Sara L. Keegan born 6/21/04. The parties.shall have an equal right, to be exercised jointly with the other pazent, to make all major non-emergency decisions affecting the child's general-well-being including, but not limited to, all decisions regazding her health, education andrelgion. Pursuant to the terms of 23 PaC.S. §5309, each parent shall be entitled to~ all records and information pertaining to the child including, but not. united to, medical, dental, religious or school records, the residence address. of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or,copes thereof, with the other parent within such reasonable tune as to make the records and information of reasonable use to the other pazent. 2. Physical Custody: The Mather shall have prunary physical custody subject to Father's: partial physical custody as follows. Father shall have physical custody of the Child every. other weekend from Friday evening after day care through Monday morning at which time father shall transport Child to day caze. Father shall haveph~sical custody of the Child the next Wednesday after day caze until Friday morning. The following Wednesday, father sha11 have Child from after day care until Thursday morning. The following Friday after day Gaze, Father shall continue with the schedule as outlined above. Father's weekend shall commence 9/21/07. 3. It is specifically understood that until Mother resumes her employment, anticipated in November 2007, if the Child is not in day care on any particulaz day, Father sha11 pick up the Child at Mother's residence. The non-custodial parent shall transport the Child. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a`medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. Neither party-.may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the' other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During,any periods of custody or visitation, the parties shall not possess or use controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication.. The parties shall likewise assure, to the extent possible, that.:other hAUSehold members and/or house guests comply with this provision. 8. Holidays shall be agreed upon as attached. 9. Each party shall have two weeks vacation per year with the Child with no more than. seven consecutive days at a time. A party wishing to utilize this provision shall give sikty days notice.. to the other parent. Upon mutual agreement, the parties may expand said vacation time to be in excess of the one week. The parent wishing. to utilize this vacation shall provide the other parent with contact information, including the telephone number, location and parties attending the vacation. 10. This Order is entered. pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall contra J. Cc: -~,/Ntichelle Sommer, Esquire Cizanne Abel, Esquire ,~ohr, J. l~tangan, Esquire v c J y ~ HOLIDAYS AND TIMES EVEN ODD gPECIAL DAYS YEARS YEARS Easter Day From 6 pm •the evening before the Father Mother holiday to 6 pm the day of the holida Manorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Independence. Day From 6 pm .the evening before the Father Mother 'holida to6 m the. da of the holida Labor Day - From 6 pm the evening before the Mother Father `holiday to 6 pm the day of the holida Thanksgiving From. 6 pm the evening before Mother Father Thanksgiving Day to 3 pm on Thanks 'vin Da Christmas 1 Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas Za Half From noon on 12/25 to noon on Father Father 1.2/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holida Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the cfiay of the holida ~, ~~~Y}~~f~S~ ~~~~d~C~J ~ ~ :g ~~ ~Z d3S 1042 }.~4d1(3~~~~%l~~d~~ ~, ~`.~~.~~Cr-Q ` , DOUGLAS A. KEEGAN Plaintiff v. MAGDALENA E. KEEGAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4566 Civil Term ACTION IN CUSTODY CONCILIATION. CONFER~NCF SUMA~IAItY REPORT IN.A000RDANCE 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 child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custo~v of Sara Lorraine Keegan 6121/04 Primary custody of Mother 2. A Co~iliation Conference was held on September 21, 2007 with the following individuals in attendance: The Father, Douglas A. Keegan, with his counsel, Michelle Sommer, Esquire The Mother, Magdalena E. Keegan, with her counsel, Suzanne Abel, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: Z O ~ _---~-'-'- J J angan, E ' C ody Conciliato