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HomeMy WebLinkAbout03-6477 ANGEL DAWN KEEBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - l, 'f 7 J CIVIL TERM DOUGLAS EUGENE CARR, JR, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Angel Keebaugh. Plaintiffs permanent residence is 102 Regency Woods North, Carlisle, PA 17013. 2. The defendant is Douglas Eugene Carr, Jr., believed to be residing at 12 Clouse Road, Newville, PA 17241. 3. The p1aintiffseeks custody of the minor children: Name Michaela Lynn Keebaugh Present Residence 102 Regency Woods, North Carlisle, P A 17013 Age 3/28/02 DOB, -2 years old Emily Rose Carr 102 Regency Woods, North 7/3/03 DOB, 6 months old Carlisle, PA 17013 The children, Michaela Lynn Keebaugh and Emily Rose Carr, were born out of wedlock. The children are presently in the custody of the plaintiff, who resides at 102 Regency Woods, North, Carlisle, P A 17013. During Michaela Lynn's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Angel Keebaugh Debra Keebaugh John Keebaugh Chris Keebaugh 102 Regency Woods, North Carlisle, PA 17013 Birth to 7/29/02 Angel Keebaugh 12 Clouse Road 7/29/02 to 2/03 Douglas Carr, Jr. Newville, PA 17241 Linda Carr Douglas Carr, Sr. Tanya Carr Scott Carr Jackie Carr Margaret Worthington Angel Keebaugh 1 South High Street 2/03 to 5/28/03 Douglas Carr, Jr. Carlisle, P A 17013 Angel Keebaugh 102 Regency Woods, North 5/28/03 to 7/6/03 Debra Keebaugh Carlisle, PA 17013 John Keebaugh Chris Keebaugh Emily Carr Angel Keebaugh 12 Clouse Road 7/6/03 to 9/16/03 Douglas Carr, Jr. Newville, P A 17241 Linda Carr Douglas Carr, Sr. Tanya Carr Scott Carr Jackie Carr Margaret Worthington Emily Carr Angel Keebaugh 1 South High Street 9/16/03 to 12/14/03 Douglas Carr, Jr. Carlisle, P A 17013 Emily Carr Angel Keebaugh 102 Regency Woods, North 12/14/03 to present Debra Keebaugh Carlisle, P A 17013 John Keebaugh Chris Keebaugh Emily Carr During Emily Rose's lifetime, she has resided with the following persons and at the following addresses: Name Angel Keebaugh Debra Keebaugh John Keebaugh Chris Keebaugh Michaela Keebaugh Angel Keebaugh Douglas Carr, Jr. Linda Carr Douglas Carr, Sr. Tanya Carr Scott Carr Jackie Carr Margaret Worthington Michaela Keebaugh Angel Keebaugh Douglas Carr, Jr. Michaela Keebaugh Angel Keebaugh Debra Keebaugh John Keebaugh Chris Keebaugh Michaela Keebaugh Address Dates 102 Regency Woods, North Carlisle, PA 17013 Birth to 7/6/03 12 Clouse Road Newville, PA 17241 7/6/03 to 9/16/03 1 South High Street Carlisle, PA 17013 9/16/03 to 12/14/03 102 Regency Woods, North Carlisle, P A 17013 12/14/03 to present The mother of the children is Angel Keebaugh, currently residing at 102 Regency Woods, North, Carlisle, P A 17013. She is single. The defendant, who has held himself out as the father of Michaela Lynn Keebaugh and is the biological father of Emily Rose Carr, is Douglas Carr, Jr., currently believed to be residing at 12 Clouse Road, Newville, PA 17241. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Debra Keebaugh Plaintiffs mother John Keebaugh Plaintiffs father Chris Keebaugh Plaintiffs brother Michaela Lynn Keebaugh Plaintiffs daughter Emily Rose Carr Plaintiffs daughter 5. The defendant has acted in a parental capacity since Michaela Lynn Keebaugh was six months old and is the biological father of Emily Rose Carr. It is believed that the defendant currently resides with the following persons: Name Relationship Linda Carr Douglas Carr, Sr. Tanya Carr Scott Carr Jackie Carr Margaret Worthington Defendant's mother Defendant's father Defendant's sister Defendant's brother Defendant's sister Defendant's grandmother 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The 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. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for the children's emotional, physical, educational, and medical needs including establishing a stable home environment for the children, and she can continue to provide for the children. b) The mother lives with supportive family members who can contribute to the well being of the children and provide a healthy environment in which to raise children. c) The mother is the parent who can best facilitate any interaction between the children and the defendant. d) The defendant has not acted in the best interest of the children in ways including but not limited to the following: i) In October, 2003, the defendant snatched Emily Rose Carr from the apartment where the parties were living with the children, and refused to tell her where he was taking her. The defendant did not return with Emily Rose Carr until the next day. ii) In early December 2003, the defendant snatched Emily Rose from the apartment that he shared with the plaintiff and the children, and refused to provide the mother with information as to where they were going. Despite briefly returning to the apartment that same day, the defendant again left, taking both girls with him and again, refusing to tell the plaintiff where he was taking the children. The defendant did not return until later that night with the children. iii) The defendant's continued behavior of disappearing with the children to scare and manipulate the plaintiff is unhealthy for the children. iv) The mother fears that without a custody order in place, the defendant will continue to use the children to manipulate her and may, in fact, prevent her from seeing them for an extended period of time. 10. Without the action of the court, the mother and the children are in danger of irreparable harm. 11. The mother requests that the court order the following: a. Grant her primary physical custody of the children. b. Grant the parties shared legal custody of the children. c. Grant the defendant periods of partial custody at time as may be agreed upon by the parties. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant her primary physical custody and shared legal custody of the children. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Jessic iamondstone Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Angel Keebaugh, verifies that the statements made in the above Complaint for Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: IJ III b I(')~ t ~Q;J ~u.-L')~ u~ Angel K'l:ebaugh, Plaintiff ANGEL DAWN KEEBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03- CIVIL TERM DOUGLAS EUGENE CARR, JR., Defendant : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Douglas Eugene Carr, Jr., with a Complaint For Custody onl).eem~ Jfp ,2003 by certified mail, return receipt, restricted delivery, to the person and address below: Douglas Carr, Jr. 12 Clouse Road Newville, P A 17241 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities. Date: /~/;&/c)J Si"",",,~~ <;:0-, -<\. 11:) ... ANGEL DAWN KEEBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03- (, '{77 CIVIL TERM DOUGLAS EUGENE CARR, JR., Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Angel Keebaugh, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney 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 services to the party. ~/ -Jessica Diamondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 n c; r-> = c.::l '-"' ~ '-...' ..' c") c' :~_::' C} '-n .-. /:-.~: , \ 1 r~- ....,::Jrn -..,Q c~~ {l_j ::-~-,~, ~:,i} '. " '-~~ r- v. . IN THE COURT OF COMMON PLEAS OF ': CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL ACTION - LAW 2003 -,1,'171 CIVIL TERM DOUGLAS E. cARR, JR., Plaintiff ANGEL D. KEEBAUGH, Defendant IN CUSTODY COMPLAIN'I FOR CUSTODY AND NOW comes the Plaintiff, Douglas E. Carr, Jr., by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. Q ~ The Plaintiff, Douglas E. Carr, Jr., is an adult individual with an address of 12 Cl@Se t3 ,-...\,:~i.,' 0 ,.r:, rTq ".:" ~ 1. Road, Newville, Cumberland County, Pennsylvania 17241. c.h lD o .'11 --< i1i:n , -oen :-i.) 1.,.:J (,;;6 ?C~ :::, ~,>; C) ; cc::; r-n ,j -.-j ,,- "~::J --< .,.-' ,<-'" ~, )c: 2. :;...;... ::2 ,'V (~, <-.> The Defendant, Angel D. Keebaugh, is an adult individual with an address of 102 Regency Woods, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) children, namely, Michaela L. Keebaugh, born March 28, 2002, and Emily R. Carr, born July 3, 2003. 4. The Plaintiff seeks custody of the following children: Name Present Address Date of Birth Age Michaela 1. Keebaugh 102 Regency Woods March 28, 2002 Carlisle, P A 20 months. Emily R. Carr 102 Regency Woods July 3,2003 Carlisle, P A 5 months The children are presently in the custody of Angel D. Kt:ebaugh, 102 Regency Woods, Carlisle, Pennsylvania 17013. The Plaintiff and Defendant are not married. 5. The Plaintiff desires primary physical custody of the minor children, Michaela 1. Keebaugh and Emily R. Carr, with periods of temporary custody to the Defendants as agreed upon by the parties. 6. The Plaintiff desires shared legal custody of the minor children. 7. The best interests and permanent welfare of the minor children requires that the Court grant the Plaintiff s request as set forth above. VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~I;.,/& ~. DOUGLASE.C~nL Date: DECEMBER 15. 2003 5 WHEREFORE, Douglas E. Carr, Jr. respectfully requests that he be awarded primary physical custody and shared legal custody of the minor children, Michaela 1. Keebaugh and Emily R. Carr, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, By: IRWIN &M,KNIGHT / p Date: December 15,2003 ANGEL DAWN KEEBAUGH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-6477 CIVIL ACTION LAW DOUGLAS EUGENECARR,ffi. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW,_ Tuesday, December 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland Connty Conrthonse, Carlisle on Thursday, January 15, 2004 , the conciliator, 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 nan-ow 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:_ Isl Hubert X. Gilroy, Esq. Custody Conciliator L 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 an-angements 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 TIlE 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) 249-3] 66 -~~"# ~~~cJ - # f:, ~ ~It, :">'7 7 ~>1/~? ~ to' [C'-C'/ rc;7-l~.'(:> - C'; D?- ['C C' / "i" ',.,'"" l~ 1..) I't'" /\.:., \;; S2:\ \',: Cz:r;.[mUl r'.'....,' \\(\\.'_\ :lHi ~10 _\.;~;f~~:/\S--Q31~~ - ANGELA D. KEEBAUGH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYL VANIA V. 03-6477 CIVIL ACTION LAW DOUGLAS E. CARR, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, December 29, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberlaud County Courthouse, Carlisle on Thursday, January 15, 2004 , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort "rill 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 schednled hearin2. FOR TIm COURT. By: Isl Hubert X. Gilroy. Esq. Custody Conciliator L. 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 TInS 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 -~~-;J ~ ~~/ ~~~7?/ ~14 ~wb~ ~~-Pp {"c7 6("-(:( fj/l. .j e- e( ("0- ,6e-e( V~,'\il\l \(~,\Ii\\:?cl I "'r :.,~ ': :C:""W\] ^J..l'; ~!,l,.' "". - f I 01 :8 !id 52 :J3G EOOZ l,r'!!i\:,,('}..JiOtld 3Hi :lCJ 'U'~,:",,,,,'''''l''''' I I , '''''JJ(1-GJh ::j....i1:l~',\., . 1- vOOZ L Z NVr t5 ANGEL D. KEEBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DOUGLAS E. CARR, JR., Defendant NO. 03-6477 CIVIL IN CUSTODY COURT ORDER AND NOW, this b" 1<.6",.., day of Jaftllftry, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Angel D. Keebaugh, and the father, Douglas E. Carr, Jr., shall enjoy shared legal and shared physical cnstody of Michaela Lynn Keebaugh, born March 28,2002, and Emily Rose Carr, born July 3, 2003. 2. Physical custody shall be handled pursuant to an agreement between the parties. 3. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc: Jessica Diamondstone, Esquire Marcus A. McKnight, III, Esquire . tt1~ (!r;? -D VIN\/l\lASf\N3d 'lNnn" (",;"'-;H::O'^'n" ^ ,~,..., .. '. ,_-,.",'.,Y'i V 2C :2 Wd 9- 81:1 ~OOZ Ab'Vlc:~OHlOcd 3H1 :IO 30l:J30-03lld ANGEL D. KEEBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DOUGLAS E. CARR, Jr., Defendant NO. 03-6477 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: Michaela Lynn Keebaugh, born March 28,2002, and Emily Rose Carr, born July 3, 2003. 2. A Conciliation Conference was held on January 23, 2004, with the following individuals in attendance: The mother Angel D. Keebaugh, with her council, Jessica Diamondstone, Esquire, the father Douglas E. Carr, Jr., with his council, Marcus A. McKnight, III, Esquire. 3. The parties agree to the entry of an order in the form as attached. IP~/!Jtf DATE I ANGEL D. KEEBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-6477 CML TERM DOUGLAS E. CARR, JR., Defendant IN CUSTODY CUSTODY STIPULATION .. AND NOW, this~ day of March, 2004, the parties. ANGEL D. KEEBAUGH and DOUGLAS E. CARR, JR., hereby enter into the following Custody Stipulation and Agreement regarding their two (2) minor daughters, MICHAELA K. KEEBAUGH and EMILY R. CARR: L The Plaintiff, Angel D. Keebaugh, is an adult individual who currently resides at 102 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Douglas E. Carr, Jr.. is an adult individual who resides at 844 Baltimore Pike, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties are the natural parents of two (2) children, namely, Michaela Lynn Keebaugh, born March 28, 2002, and Emily Rose Carr, born July 3, 2003. The parties have an Order of Court dated February 6, 2004, a copy of which is attached hereto as Exhibit "A". 2 4. The parties agree to have shared legal custody of said minor children. 5. The DefendantlFather shall have primary physical custody of said minor children. 6. The Plaintiff/Mother shall have temporary physical custody every fIrst, second and fourth weekend at times as agreed upon by the parties. 7. The parties shall provide for custody of said minor children during all holidays pursuant to thier best interest. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 9. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the chilrdren as to the other party, or hamper the free and natural development of the children's love and affection for the other party. 3 10. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall controL 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 4 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 14. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: ~ \Jhlin~ A GEL .KEEBAUGH (SEAL) rr~~ DOUGLAS E. eRR, JR. (SEAL) 5 EXHIBIT "A" JAN 2 1 2004 p' ANGEL D. KEEBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DOUGLAS E. CARR, JR., Defendant NO. 03-6477 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~'1.f1 day o~~/~~, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Angel D. Keebaugh, and the father, Douglas E. Carr, Jr., shall enjoy shared legal and shared physical custody of Michaela Lynn Keebaugh, born March 28, 2002, and Emily Rose Carr, born July 3, 2003. 2. Physical custody shall be handled pursuant to an. agreement between the parties. 3. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, j5/f:'L~If'IA / Jillfgel cc: Jessica Diamondstone, Esquire Marcus A. McKnight, III, Esquire T~UE COpy FROM RECORD In T8$tllllOny whereof, I here unto set my hand IIId the seal of said Court at Carlisle, Pa. n.?.1II- , .: ' '- :.............. d~ Of~~g)...-":.f.,,;!(!'.~;i. ~. ( (u .7~_4/ . .....:-z......".f...J,'.;2,..' --"'-...,~, .~'"....:...If,.6/{.1 ...__... '---Prothono v ANGEL D. KEEBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTlON - LAW DOUGLAS E. CARR, .Jr., Defendant NO. 03-6477 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TIlE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining. to the children who are the subject of this litigation is as follows: Michaela Lynn Keebaugh, born March 28, 2002, and Emily Rose Carr, born July 3, 2003. 2. A Conciliation Conference was held on January 23, 2004, with the following individuals in attendance: The mother Angel D. Keebaugh, with her council, Jessica Diamondstone, Esquire, the father Douglas E. Carr, Jr., with his council, Marcus A. McKnight, III, Esquire. 3. The parties agree to the entry of an order in the form as attached. 1M ~jJrL a~/! Hubert X. Gilroy, Es ire Custody Conciliator ./ 2 ',;:,;: ~\.'L' n"'!fn z'_n zr" I'n)' ::e:.~l:: ~CJ ;l?'-' z~:) J>' c:: ~ ~ :;J:; '?C N cr' ~ :i! '. ~\ :r::,B Qo 6fn -"I ';:; ." .-<.: :r ::r. S? .0:- W v. MA~ ,Ull4 : IN THE COURT OF COMMON Pt!AS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGEL D. KEEBAUGH, Plaintiff DOUGLAS E. CARR, JR., Defendant 2003-6477 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ::1/' day of ma.... cJ, 2004, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court, .A.d A. HESS, JUDGE Jessica Diamondstone, Esq. MidPenn Legal Services, Inc. Attorney for Plaintiff Marcus A. McKnight, III, Esq. Attorney for Defendant ,(,r 'WL'~.d -Y,O /-0'1 1 Lj~" \ "I" ;'",r!-II('''~ I" 1"'~.1- J;\'jl\:A:)I'''I\!':'~r.r- A' "r' ,,-. " -" .."., 8 II" 1 ,., "...r,"~;,,'r\ L II ',". >,k:J;''!:: i S I :8 t,!V .' f~ ~ml ~OOZ .,/ ~,dvl.a~bHJ.OH 3Hl:30 3Ji:HO-Q3 ,U L r 1'-"IISh\!\',:J,j' \;/\1,,"01" r\.' :'-\ ,_f' . " <<. ,.._, 1"""''','11I:'''V''\ I ,\".n~r\ ""-'ll':'" ,,-' 1\;.1\\ )1..1" ),.. -,. , l \ :13 H~ \ - l,lcl~ IjUOZ "J,,,:\",\,,n'J\QUd 3\-U. ~O f..'. "f.'_ ),'4-." 1- ....., 1 ' :::;H-\0'-{\3 \\:. -- -~ () vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-6477 CIVIL TERM ANGEL D. KEEBAUGH, PLAINTIFF DOUGLAS E. CARR, JR., DEFENDANT : CIVIL ACTION - LAW : CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Angel D. Keebaugh. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P .C. Dated: June -+-, 2004 an Kay Can PA I.D. # 649 Suite 100" 5021 East Trindle Road Mechanicsburg PA 17050 (717) 796-1930 1'0 ~l <::.;:;' -- o -Tl --1 _.~ {,-i-i ::7J ,-.. -fJrTl ~r{~ 1---- ( c--::" I \..0 ,-""J_. " i':':J )' __J ANGEL D. KEEBAUGH, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLV AN][A 'IS. : NO. 2003-6477 DOUGLAS E. CARR, JR, DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 WHI~RE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg PA 17101 (800) 932-0356 ANGEL D. KEEBAUGH, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 2003-6477 DOUGLAS E. CARR, JR, DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, ANGEL D. KEEBAUGH, by and through her counsel, Susan Kay Candiello, Esquire, ofthe Law Firm of Susan Kay C:andiello, P.c., and files this petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff is ANGEL D. KEEBAUGH who presently resides at 15 South Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is DOUGLAS E. CARR, JR., whose present address is unknown, but is represented by counsel, Marcus A McNight III, with his place of business located at West Pomfret Professional Building, 60 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania, 17013-3222. 3. Plaintiff seeks Full Legal Custody and Primary Physical Custody of the following children: Name Present Residence Date of Birth Michaela Lynn Keebaugh 15 South Locust Lane Mechanicsburg, P A March 28, 2002 Emily Rose Carr 15 South Locust Lane Mechanicsburg, P A July 3, 2003 4. The children were born out of wedlock. 5. The children are presently in the Primary Physical Custody of the Plaintiff. 6. During the past two (2) years, the children have n:sided at various times with Plaintiff and Defendant, with Defendant and currently with the Plaintiff. 7. The mother of the children is Plaintiff who presently resides at 15 South Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 8. The father of the children is Defendant whose current address is unknown, but whose attorney of record is Marcus A McKnight, III, whose business address is West Pomfret Professional Building, 60 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania, 17013-3222. 9. Plaintiff and Defendant are both single. 10. The relationship of the Plaintiff to the children is that of natural mother. 11. The relationship of the Defendant to the children is that of natural father. The Defendant's residence and living arrangements are unknown. 12. Plaintiff/Petitioner has participated as a party in a prior custody agreement concerning the custody of the child. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 2003-6477, the result was a custody stipulation and order dated March 31, 2004 which is attached hereto and made a part hereof as Exhibit" A". 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court ofthis Commonwealth at this time. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody ofthe children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has great love and concern for her children's physical, educational and psychological safety and well-being; B. Plaintiff has always been the primary caregiver for the children; C. Plaintiff has her own residence with bedrooms for the children; D. On or about June 13th, 2004, the Defendant brought the children to the residence of the Plaintiff and told her she needed to keep the children on a month on month off schedule and her month was going to begiln immediately; E. On or about June 27th, 2004, Defendant told the Plaintiff he no longer had any residence and the Plaintiff must keep the children; F. Defendant did not make any appearance or have any communication with the office of Domestic Relations for the support conference which he requested; G. The children are happy, well cared for, live in a stable environment with the Plaintiff. 16. 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. WHEREFORE, Plaintiff, ANGEL D. KEEBAUGH, requests this Honorable Court grant her FULL LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY of the minor children, MICHAELA LYNN KEEBAUGH and EMILY ROSE CARR, the Defendant, DOUGLAS E. CARR, JR. shall have PARTIAL PHYSICAL CUSTODY of the children, MICHAELA LYNN KEEBAUGH and EMILY ROSE CARR Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: Julr;-o, 2004 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.SA ~4904 relating to unsworn falsification to authorities. DATED: ~~~ ~~l~, ANGEL . KEEBA EXHIBIT "A" CARLISLE, PENNSYLVANIA t 7013-322~2 (717) 249-2353 FAX (717) 249-6354 -- - - ..-..------- ANGEL D. KEEBAUGH, Plaintiff \WAR 2 ~ :/fIM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-6477 CIVIL TERM DOUGLAS E. CARR, JR., Defendant IN CUSTODY ORDER OF COURT AND NOW, this.ild:- day of ~-' 2004, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. )!) liV~ 0 ,1 .'1 '---i i, /'0 I iJ.. ,'Sod- / 1(\1 flct it' /!D~i.: ~7 ( --"} r-~' J c: ,.,. Ch1 <41' By the Court, 1& 1~ LJ JL VIN A. HESS, JUDGE Jessica Diamondstone, Esq. MidPenn Legal Services, Inc. Attorney for Plaintiff Marcus A. McKnight, ill, Esq. Attorney for Defendant lAUi~ COpy fROM HECORD In TC\Ji;.:v'''JI wM'i<l<,i. i tlf'!.~ I.lnt(l.~\ !l)~' Mnd a.nd tn" ;;j _:;,c~~d C{1~!.lt~ ;;.'t,t CfJ:$tt;,~~ Pa. rhl:~ ___oay t;!~_ ,}oo/ ... (, )'f'U- () !r1..,iJI,... "<""<f Protllonotaf'JI ANGEL D. KEEBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2003.6477 CIVIL TERM DOUGLAS E. CARR, JR., Defendant IN CUSTODY CUSTODY STIPULATION r- AND NOW, this....zf day of March, 2004, the parties, ANGEL D. KEEBAUGH and (") ~ 0 DOUGLAS E. CARR, JR., hereby enter into the following Custody Stipulation an~]\gr~ei1,1; .vro :x :1- . fl'1P.! :P* rn::-g regarding their two (2) minor daughters, MICHAELA K.KEEBAUGH an~~)"II~ R~~ ?c) :;::jQ <: ;C-H CARR: :;(:) ~ 1?{'5 ~::-;:":C) "!-:-rn )> c..~ C3 1::~ L :s ,f:" ?o . -< .s:'"' -< The Plaintiff, Angel D. Keebaugh. is an adult individual who currently resides at 102 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Douglas E. Carr, Jf., is an adult individual who resides at 844 Baltimore Pike, Mount Holly Springs, Cumberland County. Pennsylvania 17065. 3. The parties are the natural parents of two (2) children, namely, Michaela Lynn Keebaugh, born March 28, 2002, and Emily Rose Carr, born July 3,2003. The parties have an Order of Court dated February 6, 2004, a copy of which is attached hereto as Exhibit "A". 2 4. The parties agree to have shared legal custody of said minor children. 5. The DefendantlFather shall have primary physical custody of said minor children. 6. The PlaintifflMother shall have temporary physical custody every first, second and fourth weekend at times as agreed upon by the parties. 7. The parties shall provide for custody of said minor children during all holidays pursuant to thier best interest. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 9. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the chilrdren as to the other party, or hamper the free and natural development tif the children's love and affection for the other party. 3 10. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall controL 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 4 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each patty acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 14. Each party has had an oppOltunity to consult independent legal counsel of his or her own selection. Each patty regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set fOlth above, enter their hands and seals the date first set forth above. WITNESSETH: ~~4- rrl ta~A DOUGLAS E. Ci'RR, JR. (SEAL) (SEAL) 5 ANGEL D. KEImAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA v CIVIL ACTION - LAW DOUGLAS E. CARR, JR., Defendant NO. 03-6477 CIVIL IN CUSTODY COURT ORDER /rJ~ '1-F{'!I;ilAi-t AND NO\V, this _~ day otJanuary; '2004, upon musideration of the attached Custody Conciliation repOl't, it is ordered and directed as follows: . 1. The mother, Angel D. Keebaugh, and the fa thier, Douglas E. C31T, Jr., shall enjoy shared legal and shared physical custody of Michaela Lynn Keebaugh, born March 28, 2002, and Emily Rose Carr, born July 3, 2003. 2. Physical custody shall be handled pursuant to an' agreement between the parties. 3. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, 4~" ~' '.'0 ..- ~ J~~ge .,'C. '.-.I..j cc: Jessica Diamondstone, Esquire Marcus A. McKnight, III, Esquire . T~UE COpy FROM RECORD In f8$ltmony whereof, I here unto set my hand llIId the, ~j' of said Court a! Carlisle, Pa. . lbill j:..-......... d"", ofh;:>..j> 0'1 :)., ,,', ,; ,'.'./ .....Ii.........,.......,""'-,....... . l It' ~ .'_h. r .... ...,.... " . \.. ., -,.f:..;~-::~,-?J;:."/' ........., _.. ,_tc i "'I '''...... .. .......... ......,..h:'jl~t'.J<.r.H';..1~i /' 'IltOthono~rY"~-_MM ANGEL D. KEEBAUGH, Plaintiff IN THE COURT OF COMMON l'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA \' CIVIL ACTION - LAW DOUGLAS E. CARR, Jr., Defcndant NO. 03-6477 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT , IN ACCORDANCE \'\11'11 THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigncd Custody Conciliator submits the followiug report: L The pertincnt information pcrtaining. to the children who are the subject of this litigation is as follows: Michaela Lynn Ke.ebaugh, bom March 28,2002, and Emily Rose Carr, born July 3, 2003. 2. A Conciliation Conference was held on January 23, 2004, with the following individuals in attendance: The mother Angel D. Keebaugh, with her council, Jessica Diamondstone, Esquire, the father Douglas E. Carr, Jr., with his council, Marcus A. McKnight, III, Esquire. 3. Th,e parties agrce to the entry of an order in the fUl'm as attached. ~, IIl!L DATE f- aK.~ Hubert X. Gilroy, Es Custody Conciliator ib~ 1f-'1:- .......Pv ~ - ()l ..0 .c: D ~ oIg. ~ D D o ~ ~ - , c) -, ~':' (,) '" .;..;:::~ ~2 :,::: j~'- o -'f1 .., 61JJ ,- -"t7 'Ti -n(..J f-' i ~2"~~ ,"':)_2.! " C) iT! r.) _.oj -< ANGEL D. KEEBAUGH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-6477 CIVIL ACTION LAW DOUGLAS E. CARR, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Juty 28, 2004 , 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 4tb Floor, Cumberland County Courtbouse, Carlisle on Tbursday, September 02, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftort 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 aU existing, Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!.. FOR THE COURT. By: Isl Hubert X. GilrQY. Esq. Custody Conciliator mhc 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 befor,e 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 Assoeiation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .~ ~./)6 -:-~ ~ ~a.Je.( ~U;' ?-v z ~ ~ A~Y(".~ ~ /l:v ;Z - ~,rW' ~ ~ flt?3~'L 'tIINVAlA.SNN3d AlNnOO CNVli:F:l8V\JflO 20 :~ Wd 92 lor ~OOl ^tW1ONOHl~d 3Hl :lO 30~:I(XJ!nf:l SEP 1 'l 20M ANGEL D. KEEBAUH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DOUGLAS E. CARR, JR., Defendant NO. 2033 - 6477 IN CUSTODY COURT ORDER AND NOW, this ~ day of September, 2004, upon consideration of the attached Cnstody Conciliation report, it is ordered and directed as t1Dllows: I. The mother, Angel D. Keebaugh, shall enjoy legal and physical custody of Michaela Lynn Keebaugh, born March 28,2002 and Emily Rose Carr, born July 3, 2003. 2. The father, Douglas E. Carr, Jr., shall en.joy periods of visitation with the minor children at such times and under such circumstances as agreed to by the mother. 3. In the event father desires additional timll with the child, the father may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. / cc: vMarcus McKnight, Esquire ..,SUSan K. Candiello, Esquire I. 'I :"C', OJ //,1:., 'l 1":1 {" (. (J:h 'iji!!!'!_ '",!,) ?/J.{j,? i',J.. (~,~' '/(/',.1 ." G. ::'1~ll,'''!.C'~ld " ---'.. " ".' i..... ,~, ""'L./' "~.'.~:f t'~r)~I' "-', 'J. -'n .... l/-:7,/j ...,,_ ANGEL D. KEEBAUGH, Plaintiff SEP 1 1 2004 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DOUGLAS E. CARR, JR, Defendant CIVIL ACTION - LAW NO. 2003 - 6477 IN CUSTODY IN ACCORDANCE WITH THE CUMBERLAND COUNTy CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: CONCILIATION CONFERENCE SUMMARY REPORT 1. The pertinent information pertaining to the childl~en who are the subject of this litigation is as follows: Michaela Lynn Keebaugh, born March 28,2002 and Emily Rose Carr, born July 3, 2003. 2. A Conciliation Conference was held on September 2, 2004, with the following individuals in attendance: The mother, Angel D. Keebaugh, and Attorney Marcus McKnight, who appeared on behalf of the father, Douglas E. Carr, Jr. 3. Based upon the information received at the conciliation conference, the Conciliator recommends and order in the form as attached. rI 15/0 Y DAT ( OW Ntl Hubert X. Gilroy, Es Custody Conciliator ANGELA D. KEEBAUGH, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-6477 CIVIL TERM DOUGLAS E. CARR, JR., Defendant/Petitioner IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Petitioner, Douglas E. Carr., Jr., by his attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Plaintiff, Douglas E. Carr, Jr., is an adult individual with an address of P. O. Box 11, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Angel D. Keebaugh, is an adult individual with an address of 3145 Oak Grove Road, Decherd, Tennessee 37324-4417. 3. The parties are the natural parents of two (2) children, namely, Michaela 1. Keebaugh, born March 28, 2002, and Emily R. Carr, born July 3,2003. 4. The parties are currently governed by a custody Order of Court dated March 31, 2004, a copy of which is attached hereto and marked as Exhibit "A". 3 ANGEL D. KEEBAUGH, Plaintiff : IC'l THE COURT OF COMyION PLEAS OF : CUNmERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W 2003-6477 CIVIL TERM DOUGLAS E. CARR, JR., Defendant IN CUSTODY ORDER OF COURT AND NOW, thiskd day of 7fU~UIv 2004, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court, ~/ . i'/ , ' :;~.~~ H~S~~~DGE Jessica Diamondstone, Esq. MidPenn Legal Services, Inc. Attorney for Plaintiff . ", '-i....,; ~ it ~' ~.I, 1. .' '..) ;': '(;'., ~",<;,' '" ,.~;,' .1, :'~ " ., Marcus A. McKnight, III, Esq. Attorney for Defendant t'", ::',:~;~).i ~~,"".:-.'.. !. ,-)J,:;.": .'). '. "' )&l:'_4-1k; i ",'. (1f~,f..~ j.J~?L , l';cy.:..",_"lL. ,. ./Jw:l~c../>.(I:..,,- f~\. ;'/.\17i1'~~~"qt;'~!'Ii / I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ANGEL D. KEEBA-UGH, Plaintiff v. CIVIL ACTION - LAW 2003-6477 CIVIL TERM DOUGLAS E. CARR, JR., Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this~l..day of March, 2004, the parties, ANGEL D. KEEBAUGH and ..., DOUGLAS E. CARR, JR., hereby enter into the following Custody Stipulation ~ A~~e~t ...,., i~'" -,"'''- ~ :IJ regarding their two (2) minor daughters, MICHAELA K. KEEBAUGH aikf~EMriy ~l}~;. ~rg ~ t~2 ~~~ ~ 'i~q ~"3 ;"' ::< -- ~ CARR: 1. The Plaintiff, Angel D. Keebaugh, is an adult individual who currently resides at 102 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Douglas E. Carr, Jr., is an adult individual who resides at 844 Baltimore Pike, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties are the natural parents of two (2) children, namely, Michaela Lynn Keebaugh, born March 28, 2002, and Emily Rose Carr, born July 3, 2003. The parties have an Order of Courl dated February 6, 2004, a copy of which is attached hereto as Exhibit "A". 2 4. The parties agree to have shared legal custody of said minor children. 5. The Defendant/Father shall have primary physical custody of said minor children. 6. The Plaintiff/Mother shall have temporary physical custody every first, second and fourth weekend at times as agreed upon by the parties. 7. The parties shall provide for custody of said minor children during all holidays pursuant to thier best interest. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 9. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the chilrdren as to the other party, or hamper the free and natural development of the children's love and affection for the other party. 3 10. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall controL 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 4 13. The parties acknowledge that they have read and undcrstand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue intluence. 14. Each party has had an opportunity to consult independcnt legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable. and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, entcr their hands and seals the date first set forth above. ~IT~~ (SEAL) -rrl &~A DOUGLAS E. C,(RR, JR. (SEAL) ~~.- ~ 5 ,.IAN ::: 1 2004 p' ANGEL D. KEEBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMllERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA W DOUGLAS E. CARR, ,JR., Defendant NO. 03-6477 CIVIL IN CUSTODY COURT ORDER ~- ,I>p 'I' 'y" /.,.4 -1;;['<,(, 4 'i, AND NO\V, this C' day 0 lInuary; '2004, upon consideration of the attachcd -- Custody Conciliation rcport, it is ordcrcd and directcd as follows: 1. The mother, Angel D. Keebaugh, and the father, Douglas E. Carr, Jr., shall enjoy shared legal and shared physical custody of Michaela Lynn Keeballgh, born l\larch 28, 2002, and Emily Rose Carr, born July 3,2003. 2. Physical custody shall be handled pursuant to an 'agrcement bctween the parties. 3. In the event either party desires to modify this order, that party may petition the court to lmve the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, I / J/. A ~) ;,~5' ':,\"_"Ll>~lj.- ;".1 .l Judge' I ' cc: .Iessica Diamondstone, Esquire Marcus A. McKnight, Ill, Esquire T~UE COpy FROM RECORD In Testimony whereof, , here IJnto set my hand tIId the seal of said Court at Carlisle Pa lbk,(;t+f d' fyr---;::..,/--:-) ,';) ,,/' ~ &~l............... a-y) C Tt-I,-) ;"! :;.C"";"'.' .. - to', .;.':.~ ,-,.~.";".;",..".,,, "'~....... ..... . ("""((" '.-;;'T:';-~i~'::'}'--~ ..--..-...........Io.........,.....".",..7..'j..;:;:J ," .' p,~tho~~..~~--- ANGEL D. KEEBAUGIl, l'laintiff IN TilE COliHT OF COJVIMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VA"IA \' CIVIL ACTION - LA W DOUGLAS E. CARR, Jr., Defendant NO. 03-6477 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE wlTn THE CUlYIBERLANl) COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(h), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Michaela Lynn Keebaugh, bom March 28, 2002, and Emily Rose Carr, born July 3, 2003. 2. A Couciliation Couference was held on January 23, 2004, with the following individnals in attendance: Th,~ mother Angel D. Keebaugh, with her council, Jessica Diamondstone, Esquire, the father Douglas E. Carr, Jr., with his conncil, Marclls A. McKnight, III, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~~i!l!t- DATE VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. (i;(4J{ D UGLAS E' CARR, JR. Date: February 1, 2005 5 ~~ ...... ~ .... ~ ~ ~ ~ ~ --.() ~ .J\ ~ u\ , ~~ C' ',':-:::) -\1 cr~ .. ~ ;0\(~!(~ -,.\", '-".' ~.';" ~ ") ,:--fl t':': ~.::\ (,n __.:.. v..l \ ANGELA D. KEEBAUGH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-6477 CIVIL ACTION LAW DOUGLAS E. CARR, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Friday, February 04, 2005 , upon consideration of the attached Complaint. it is hereby directed that pm1ies and their respective counscl appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on ___"_Ihu,:"day, March 03, 2005 , the conciliator, at 9:30 AM -'"""~ for a Pre-Hearing Custody Conference. At such conference, an effott will be made to resolve the issues in dispute; or if this cannot be accomplished, to definc 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: Isl Hubert X. Gilroy, Esq. Custody Conciliator IF l The Court of Common Pleas of Cumberland County is required by law to comply with tbe Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals baving business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any bearing or business before tbe court. You must attend the scheduled conference or bearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Soutb Bedford Street Carlisle, Pennsylvania 17013 Telepbone (717) 249-3166 . vi h'P'ff - r""'1' itq,; 'iO he _ fIi "t /'fT"" .,-?>}c'11o 5;) h. r r;ht-'" fp.1' ~ I.W f"'l pJfr~ ~ "' '~_ \}'};\ S({;L ~i'-') ~f,J , I'..,_(".',C',~' ~ ......---- 1<11I; .~ o ,^();:i 4':~' ;I. ANGELA D. KEEBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DOUGLAS E. CARR, JR., Defendant NO. 2003 - 6477 IN CUSTODY COURT ORDER AND NOW, this ~ day of March, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's order of September 21, 2004 is vacated and replaced with the following order: 1. The mother, Angela D. Keebaugh, and the father, Douglas E. Carr, Jr., shall enjoy shared legal and shared physical custody of Michaela L. Keebaugh, born March 28, 2002 and Emily R. Carr, born July 3, 2003. 2. Physical custody shall be handled with the parties sharing physical custody on a week-on/week-off basis. Unless agreed otherwise by the parties, exchange of custody shall be on Friday evening of each week at 5:00 p.m. The non- custodial parent shall pick up the children at the beginning of their custody time. However, the exchange of custody point shall be the Sheetz store in Mt. Holly Springs unless agreed otherwise by the parties. 3. In the event either party desires to modify this custody order, that party may petition the Court to have the case again scheduled with the Conciliator. 4. The parties shall work with each other to ensure t handled such that custody is shared or alter~. /" I. " / 6V (COURT' cc: Marcus McKnight, Esquire ~gela D. Keebaugh ~ / O? -"j- ~!! ~- l....~ <I- e) c-:; "', c'.._ C) c~~ ANGELA D. KEEBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DOUGLAS E. CARR, JR., Defendant NO. 2003 - 6477 IN CUSTODY Prior Judge: Edgar B. Bayley, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator snbmits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Michaela L. Keebaugh, born March 28, 2002, and Emily R. Carr, born July 3,2003. 2. A Conciliation Conference was held on March 3, 2005, with the following individuals in attendance: The mother, Angela D. Keebaugh, who appeared without counsel, and the father, Douglas E. Carr, Jr., with his attorney, Marcus McKnight. 3. The parties agree to the entry of an order in the form as attached. 3ft! DS:-- DATE ad Hubert X. G' oy, Esquire Custody C ciliator