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HomeMy WebLinkAbout08-1644IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA OWEN URIGHRE-ESTRADA, Civil Action At Law---Custody Plaintiff, Case No. OF- lG y y Ctz?j -Z- VS. LACANNA L. KEEFER, Defendant, COMPLAINT FOR CUSTODYI The plaintiff is Owen Urighre-Estrada, residing at 2221/2 South Enola Drive, Enola, 17025 in the County of Cumberland, Commonwealth of Pennsylvania. 2. The defendant is LaCanna L. Keefer, who is currently located at 515 Walnut Street, Sunbury, PA. 17801 3. Plaintiff seeks custody of the following children: Owen Urighre-Estrada 515 Walnut St. Sunbury, PA. 1023/1998 9 Years 4. The child was born outside of wedlock. 5. The child is presently in the custody of LaCanna L. Keefer, whose current residence is 515 Walnut Street, Sunbury, PA. 17801 6. Since the child's birth up until approximately 10/1999, the child resided with both parents, and since 1999 he has resided with his mother, at various addresses 7. The biological mother of the child is LaCanna L. Keefer, whose current address is 515 Walnut Street, Sunbury, PA. 17801 8. The mother is separated from he father and has been since approximately 1999. 9. The father of the child is Owen Urighre-Estrada, and is currently residing at 2221/2 South Enola Drive, Enola, 17025 in the County of Cumberland, Commonwealth of Pennsylvania. 10. The father is separated from the mother and not married to the defendant mother. 11. The relationship of the plaintiff to the child is that of al biological Father. The Plaintiff currently resides with the following persons: Name Relationship NONE 12. The plaintiff has not participated as a party or witness; or in another capacity, in any other litigation concerning the custody of the child in thi? or another court. 13. The plaintiff has no other information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has Physical Custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The mother has unilaterally and blatantly refused to allow the father to see his child despite his numerous requests to the mother that he be afforded time with his son. (b) The Mother has without notice to the father, moved from her residence and has heretofore deliberately failed to provide any forwarding information relative to her and their sons' whereabouts and location. (c) Since the child has been in the mother's custody she has 'been dilatory with respect to the child's educational needs, to the extent that she has enrolled the child in three (3) different school districts since the child's birth. (d) The father, believes that it is in his child's best interest to foster a relationship with his son in that he can and will provide stability and consistency as to his periods of custody with his son. (e) Plaintiff, believes and therefore avers that he can provide a predictable and stable lifestyle for which, the child can become accustomed and which will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Owen Urighre-Estrada, respectfully requests for the aforementioned reasons, that the court grant and award himi Primary Physical Custody of his son, Owen Urighre-Estrada, Jr. for the aforementioned reasons. DATED: 3/10/2008 burg, PA. 17055 VERIFICATION I verify that the statements made in this Complaint', are true and correct. I understand that false statements herein are made subject to ?he penalties of 18 Pa.C.S. & 4904 relating to unsworn falsification to authorities a Date:-3 -/ b - 0':b nt,?-Q?? Owen Urighre-]?strada, Plaintiff * 0 Ra ? ++ v! -V ' Oo 0 C) C cry _ fV C=? C2 N -IJ at N Q C? r Fr, _y,{ 1 P OWEN URIGHRE-ESTRADA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LACANNA L. KEEFER DEFENDANT 2008-1644 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 17, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA _17055 on Wednesday, April 16, 2008 at 12:00 PM 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. 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/ Daum S. Sunda ,Es q. 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 00 I :Z Pd L I of VW OOOZ A JI r E. a 4 3Hi ?O APR 1 8 coos 3 K OWEN URIGHRE-ESTRADA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1644 CIVIL ACTION LAW LACANNA L. KEEFER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of kmi 2008, upon consideration of the attached rustody Report it is ordered and directed as follows: 1. The Father, Owen Urighre-Estrada, and the Mother, Lacanna L. Keefer, shall have shared legal custody of Owen Urighre-Estrada, born October 23, 1998. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child beginning Friday, April 25, 2008, on alternating weekends from Friday between 4:00 p.m. and 5:00 p.m. through Sunday at 8:00 p.m. Unless otherwise agreed, the Mother shall transport the Child to the Father's residence in Enola on Friday and the Father, or another responsible adult familiar to the Child on the Father's behalf, shall transport the Child to the Mother's residence in Sunbury on Sunday. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during A Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall run from the Wednesday before Thanksgiving between 4:00 p.m. and 5:00 p.m. until the Friday following Thanksgiving at 8:00 p.m. The Father shall have custody of the Child for Thanksgiving in even-numbered years and the Mother shall have custody in odd-numbered years. When the Father has custody of the Child under the regular partial custody schedule on the weekend immediately following Thanksgiving, the holiday and weekend periods of custody shall run continuously without interruption and the Father shall be responsible to arrange transportation for the Child to the Mother's residence on Sunday as usual. In the event the Father does not have custody of the Child under the regular schedule on the weekend following Thanksgiving, the Father shall return the Child to the Mother's parents' home in Enola on Friday at 8:00 p.m. C. Easter: The Easter holiday shall run from 11:00 a.m. until 7:00 p.m. on Easter Sunday. The Father shall have custody of the Child on Easter in even-numbered years and the Mother shall have custody in odd-numbered years. The Father shall return the Child to the Mother's parents' residence in Enola at the end of his periods of custody on Easter. D. Mother's Day/Father's Day: The Mother's Day and Father's Day period of custody under this provision shall run from the Friday before the holiday between 4:00 p.m. and 5:00 p.m. through Sunday at 8:00 p.m. In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day. E. Memorial Day/July Fourth/Labor Day: In every year, the Mother shall have custody of the Child for the Memorial Day weekend and the Father shall have custody of the Child for July Fourth and for the Labor Day weekend from Friday between 4:00 p.m. and 5:00 p.m. through Monday at 7:00 p.m., when the Father shall return the Child to the Mother's parents' residence in Enola. F. The parties shall make any adjustments necessary to ensure that neither party has more than two (2) consecutive weekends due to implementation of the Mother's Day/Father's Day, and Memorial Day holiday weekends. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. During the summer school break each year, the Father shall have custody of the Child beginning on the first Friday after the last day of school continuing through a full six (6) week period. Thereafter, the Mother shall have custody of the Child for the remainder of the summer school break. During the summer custody periods, the alternating weekend schedule shall be suspended but shall resume with the Father having custody of the Child for the weekend on the first Friday after the first day of school. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T. J. cc: ?Gregory S. Hazlett, Esquire - Counsel for Father ?Jessica Holst, Esquire - Counsel for Mother 9Z :Z l4d I Z U Hoz OWEN URIGHRE-ESTRADA Plaintiff vs. LACANNA L. KEEFER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1644 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Owen Urighre-Estrada October 23, 1998 Mother 2. A custody conciliation conference was held on April 16, 2008, with the following individuals in attendance: the Father, Owen Urighre-Estrada, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Lacanna L. Keefer, with her counsel, Jessica Holst, Esquire. Jenice Wolgemuth also attended the conference as an interpreter. 3. The parties agreed to entry of an Order in the form as attached. 1 c90 s??a Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA OWEN URIGHRE-ESTRADA, Civil Action At Law---Custody Plaintiff/Petitioner Case No : 2008-1644 VS. LACANNA L. KEEFER, Defendant/Respondent, PETITION TO MODIY CUSTODY ORDER AND PROHIBIT DEFENDANT FROM RELOCATING OUT OF STATE 1. The Petitioner, is Owen Urighre-Estrada, residing at 2221/2 South Enola Drive, Enola, 17025 in the County of Cumberland, Commonwealth of Pennsylvania. 2 The Respondent, is LaCanna L. Keefer, who is currently located at 515 Walnut Street, Sunbury, PA. 17801 3. On the 21St, day of April 2008 a Court Order for custody was entered which granted Shared Legal Custody of the child, Owen Urighre-Estrada and Partial Physical Custody of said child to the Petitioner. 4. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined. 5. The mother without advising the Petitioner, father and after having been confronted by the father, has expressed her intention to relocate to Wisconsin with the child in the month of June 2009 for the purpose of co-habitating with her paramour. 6. The petitioner father discovered her plans on Myspace, and an entry recited in Myspace, by the respondent that explicitly referenced but not with specificity her plans to leave the Commonwealth of Pennsylvania. (Attached hereto labeled as Exhibit "A") 7. The Mother has in the past without notice to the father, moved from her residence and had failed to provide any forwarding information relative to her and their sons' whereabouts and location. 8. The Petitioner, father fears that the respondent will again depart from the Commonwealth of Pennsylvania and conceal her whereabouts or contact information from father as to their son. 9. The petitioner father strongly believes that due to the geographical distance he will be deprived of his custodial rights to his son that heretofore he has enjoyed on a consistent basis since the entry of the Order of custody. 10. The father, petitioner believes that it is in his child's best interest to continue a relationship with his father, in that he can and will provide stability and consistency as to his periods of custody with his son. 11. The best interest and permanent welfare of the child will be served by Granting the relief requested for the reasons as hereinafter recited: WHEREFORE, Plaintiff, Owen Urighre-Estrada, respectfully requests for the aforementioned reasons, that the court grant and award him Primary Physical Custody of his son, Owen Urighre-Estrada, Jr. and prevent the Respondent, Mother from leaving the Commonwealth of Pennsylvania with the minor child for the aforementioned reasons. DATED: 4/28/2009 GREGORY S. At drney for-Petitioner ,West Main Street Mechanicsburg, PA. 17055 Phone: (717) 790-5500 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 unworn falsification to authorities Date: 0(.yJ2-/) I.CJ)o re Owen Urighre-Estrada, Plaintiff MySpace.com - LmamibuviovC -Y-7 -1 -- A Search v ? ' arsla? I< t Ll r. g' rid :SOO, ,isJ=,:? G in ;.Duple of EET view IDOLC kc- 7<i s...._ yCn't.se F?, CSuhseriba to this Biog7 Contacting 2mami3tarlove ,_. •.:,nd r1r•c•;,age• .: r` rn,.?n,r.-1 !ta tnr'nd hdd to f ncm f . Add in f ,av:,nh'•. Uiuc.k U•.er Add tv (.-.p ft:cnk User MySpaw URL www Vampires 2auWSMuiw& a RedWSr V&010- sub 0 chumps infected 0 points Groups: oTqgwaNRbwvM, oTPnRWq dMFar, RGZUVHCBcRtUnPad C, Dorf MySpaee, PorchMonkeyz Part R View An amami9Wiove's Groups i6** ,•/Jxxnanu_mvsnaCe.com/b)rtc liemamaof2 4/8/2009 " l1 FLED Cirr -C OF THE 2CO9 MAY - ! PAM 1:49 r?Z. o? c?4 -c??vs3? OWEN URIGHRE-ESTRADA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1644 CIVIL ACTION LAW LACANNA L. KEEFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 06, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on __ Thursday, June 04, 2009 v _ at 1:30 PM 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. 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/ Dawn S. Sunday, 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 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? THE "OTARY 2009 MAY -6 PM 3: 54 o JUN 15 2009 OWEN URIGHRE-ESTRADA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1644 CIVIL ACTION LAW LACANNA L. KEEFER Defendant IN CUSTODY ORDER OF COURT AND NOW, this - I L day of 2009, upon consideration of the attached Custody Conciliation 46port, it is ordered and directed as follows: 1. The prior Order of this Court dated April 21, 2008 shall continue in effect. 2. In the event either party intends to relocate the residence of the Child, that parent shall provide at least sixty days advance written notice to the other parent. Neither party shall relocate the residence of the Child without the prior written consent of the other parent or permission of the Court. cc: ?Cegory S. Hazlett, Esquire - Counsel for Father .a canna L. Keefer - Mother C.OF&I .= rr%b"L4jC__ 3 {4 OWEN URIGHRE-ESTRADA Plaintiff VS. LACANNA L. KEEFER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1644 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Owen Urighre-Estrada, Jr. October 23, 1998 Mother 2. A custody conciliation conference was held on June 4, 2009, with the following individuals in attendance: the Father, Owen Urighre-Estrada, with his counsel, Gregory S. Hazlett, Esquire, and the Mother Lacanna L. Keefer, with her interpreter. The Mother is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IM 2 9 J1 U N 17 AM 10: 19 CUn'i : i.'NIY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA OWEN URIGHRE-ESTRADA, Plaintiff/Petitioner VS. LACANNA L. KEEFER Defendant/Respondent No. 2008-1644 i CIVIL ACTION-CONTEMN of CUSTODY ORDER N ?i ra u? 7r' -?, > re. PETITION FOR CONTEMPT OF CHILD CUSTODY ORDER AND NOW, comes the Petitioner, Owen Urighre-Estrada, and respectfully avers that: Petitioner is Owen Urighre-Estrada, (hereinafter "father")who currently resides at 222 '/z South Enola Drive, Enola, 17025 in the county of Perry Commonwealth of Pennsylvania 2. Respondent is Lacanna L. Keefer, who currently resides at515 Walnut St. Sunbury PA. 3. An Order of Custody number 2008-1644 (a copy of which is attached hereto and labeled as exhibit "A") presently exists in this matter, which entitles Petitioner, (hereinafter "father"), to Partial Physical Custody of his child. 4. The Respondent, (hereinafter "mother"), is in contempt of the existing Custody Order as set forth hereinafter. 5. The father is entitled to the children pursuant to the current custody Order on alternating weekends from 4:00 p.m. Friday until Sunday at 8:00 p.m. 6. On or about March 12th, 2010, the father requested of the mother that he be provided the child for his scheduled weekend with the same. 7. The Mother refused to honor father's request to have unsupervised custody of his child despite his repeated requests and insistence. 8. Heretofore, the mother has blatantly and deliberately refused to honor father's request to see his child and has violated the Custody Order that requires the mother to allow father his weekend periods of custody. 9. Respondent mother has also more recently severed all forms of communication with the father relative to his periods of custody which includes verbal, written or other forms of 00• DO PA AT?'/ eKt 4-S-4117,20o9s t .0 communication in an effort to circumvent fathers' request to exercise his periods of custody with his son. 10. Mother, respondent has relocated to another residence that is approximately one hour away from the father without providing notice to father or seeking Court approval thereby further frustrating father's rights to his periods of custody. 11. Mother, respondent has failed to share any school related documentation, or information pertaining to medical treatments with the child as required by the Order of Court that requires the full exchange of school records medical documentation and other pertinent information pertaining to the child. 12. Mother, refused to allow father his period of custody with his son on the Easter holiday on an even numbered year as required per the Court Order. 13. Mother, reported father to Children & Youth and falsely accused father of inappropriate conduct with his son which has currently been declared to be unfounded based on an investigation and interview with father. 14. Subsequent to the conclusion of the matter with Children & Youth, father drove to mother's home in an effort to obtain his period of weekend custody whereupon mother refused father his request for custody. 15. Mother has blatantly refused to provide transportation of the child to the father's residence since February of 2010 as required by the Court Order that requires mother to provide transportation of the child to the father at his residence. 16. As a result of mother's violation of the current Custody Order father was forced to relinquish custody to mother, despite the Court Order which unequivocally grants to the father unsupervised custody of his children on the aforementioned weekends. 17. Father elects to seek damages in the form of counsel fees, costs, and expenses incurred in this matter as a result of defendant mother's willful, deliberate, violations of the Custody Order. i , , WHEREFORE, the petitioner \ father respectfully requests that this Honorable Court hold the Respondent in contempt, grant to Petitioner father an additional weekends to replace the those of which he was deprived of, and award the Petitioner all counsel fees, costs, and expenses incurred relative to the within Petition and any other remedy the Court deems to be just and proper under the circumstances. Respectfully Submitted, VERIFICATION I verify that upon personal knowledge or information and belief 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: 5-, t 0 0a) e?AJ C'kn8 JLr-?- Owen Urighre-Owen, Petitioner Mechanicsburg, PA. 17055 Phone: 717-790-5500 OWEN URIGHRE-ESTRADA Plaintiff vs. LACAN -A L. KEEFER Defendant APR 8,2008 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1644 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND IOW, this = 40 day of 2008; upon consideration of the attached us onciliation Repo , it is ordered and directed as follows: 1. The Father, Owen Urighre-Estrada, and the Mother, Lacanna L. Keefer, shall have shared legal custody of Owen Urighre-Estrada, born October 23, 1998. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and frill information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child beginning Friday, April 25, 2008, on alternating weekends from Friday between 4:00 p.m. and 5:00 p.m. through Sunday at 8:00 p.m. Unless otherwise agreed, the Mother shall transport the Child to the Father's residence in Enola on Friday and the Father, or another responsible adult familiar to the Child on the Father's behalf, shall transport the Child to the Mother's residence in Sunbury on Sunday. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall run from the Wednesday before Thanksgiving between 4:00 p.m. and 5:00 p.m. until the Friday following Thanksgiving at 8:00 p.m. The Father shall have custody of the Child for Thanksgiving in even-numbered years and the Mother shall have custody in odd-numbered years. When the Father has custody of the Child under the regular partial custody schedule on the weekend immediately following Thanksgiving, the holiday and weekend periods of custody shall run continuously without interruption and the Father shall be responsible to arrange transportation for the Child to the Mother's residence on Sunday as usual. In the event the Father does not have custody of the Child under the regular schedule on the weekend following Thanksgiving, the Father shall return the Child to the Mother's parents' home in Enola on Friday at 8:00 p.m. C. Easter: The Easter holiday shall run from 11:00 a.m. until 7:00 p.m. on Easter Sunday. The Father shall have custody of tiie Child or, Easter in even-numbered years and tl.e N-Mother shall have custody in odd-numbered years. The Father shall return the Child to the Mother's parents' residence in Enola at the end of his periods of custody on Easter. D. Mother's Day/Father's Day: The Mother's Day and Father's Day period of custody under this provision shall run from the Friday before the holiday between 4:00 p.m. and 5:00 p.m. through Sunday at 8:00 p.m. In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day. E. Memorial Day/July Fourth/Labor Day: In every year, the Mother shall have custody of the Child for the Memorial Day weekend and the Father shall have custody of the Child for July Fourth and for the Labor Day weekend from Friday between 4:00 p.m. and 5:00 p.m. through Monday at 7:00 p.m., when the Father shall return the Child to the Mother's parents' residence in Enola. F. The parties shall make any adjustments necessary to ensure that neither party has more than two (2) consecutive weekends due to implementation of the Mother's Day/Father's Day, and Memorial Day holiday weekends. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. During the summer school break each year, the Father shall have custody of the Child beginning on the first Friday after the last day of school continuing through a full six (6) week period. Thereafter, the Mother shall have custody of the Child for the remainder of the summer school break. During the summer custody periods, the alternating weekend schedule shall be suspended but shall resume with the Father having custody of the Child for the weekend on the first Friday after the first day of school. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Gregory S. Hazlett, Esquire - Counsel for Father Jessica Holst, Esquire - Counsel for Mother Tf?U?ezE?y?yC Y f 1064 t9ir}. " A. `?.;* 3.' iJ4 t3 Tooth ?l 4' ony ?<i fir I ?Vi i? plo set 1 f ?3 k Fik`?lil -1M 1 of. sai ? ' hf of 0 OWEN URIGHRE-ESTRADA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1644 CIVIL ACTION LAW LACANNA L. KEEFER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 27, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on _ Monday, June 28, 2010 at 9:00 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. 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/ Dawn S. Sunda Es q. 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 SFZ FORT[I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. /n??-?? Cumberland County Bar Association -'' -= Tr t7l 32 South Bedford Street tv Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ' 5.2Z • l t) K)0-?;CA. tV\6\P_6 A-o -- -- -? 5.o?-7.(O C%? m4ZJ4 4c? '14L 'T? OWEN URIGHRE-ESTRADA Plaintiff vs. LACANNA L. KEEFER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1644 CIVIL ACTION LAW IN CUSTODY ORDER ~ C~ ~ ~:~ ...T~ CJ T r--' +__ -r• _~ r=- ¢ -:m _ __.. , ~ `r. ._~ ~:;. tit ..~ .. ,~_ ,._ _ '~ _"_j t1 • -.~. j%" ~ S.j ^ ~{ "~ AND NOW, this 28th day of June, 2010 ,the conciliator, being advised by counsel for both parties that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA OWEN URIGHRE-ESTRADA, Civil Action At Law---Custody Plaintiff/Petitioner Case No : 2008-1644 c. a — MW Vs. : CC) C.3 LACANNA L. KEEFER, a-=-, Defendant/Respondent, , cx� PETITION TO MODIY CUSTODY ORDER AND PROHIBIT DEFENDANT FROM RELOCATING OUT OF STATE 1. The Petitioner is Owen Urighre-Estrada, residing at 2221/2 South Enola Drive, Enola, 17025 in the County of Cumberland, Commonwealth of Pennsylvania. 2 The Respondent is LaCanna L. Keefer, who is currently located at 515 Walnut Street, Sunbury, PA. 17801 3. On the 21", day of April 2008 a Court Order for custody was entered which granted Shared Legal Custody of the child, Owen Urighre-Estrada and Partial Physical Custody of said child to the Petitioner. 4. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined. 5. The mother without advising the Petitioner, father and after having been confronted by the father has expressed her intention to relocate to Illinois, with the child in the month the summer of 2013 for the purpose of co-habitating with her boyfriend. 0 (joy q q?1'q JZ* ,-?g793d r 6. The mother's residence is believed to be in a state of disarray, unclean and unsanitary to the extent that the child contracted bed bugs which were declared by a physician to emanate from the mother's residence. 7. It is also averred that the child lacks appropriate supervision, discipline and direction the result of which has led to his being arrested for vandalizing motor vehicles and is currently on probation for this offense. 8. Since the entry of the aforementioned Order for custody the father has consistently exercised his periods of custody with his son. 9. The father can provide to his son the requisite guidance, male influence, and supervision, to ensure that his son does not stray from his educational endeavors and develops friendships with those of whom will not unduly influence him to deviate from proper conduct and behavior. 10. The petitioner father strongly believes that if mother is allowed to relocate to Illinois with his son, he will be deprived of his custodial rights to his son that heretofore he has enjoyed on a consistent basis since the entry of the Order of custody due to the geographical distance. 11. The father has a stable residence in Cumberland County large enough to accommodate the living requirements of his son. 12. The father, petitioner believes that it is in his child's best interest to continue a relationship with his father, in that he can and will provide stability and consistency as to his periods of custody with his son. 13. The best interest and permanent welfare of the child will be served by Granting the relief requested for the reasons as hereinafter recited: WHEREFORE, Plaintiff, Owen Urighre-Estrada, respectfully requests for the aforementioned reasons, that the court grant and award him Primary Physical Custody of his son, Owen Urighre-Estrada., Jr. and prevent the Respondent, Mother from leaving the Commonwealth of Pennsylvania with the minor child for the aforementioned reasons. DATED: v;2 A3 GREGORY S. HAZLETT Gre . H squire rney for etitioner West Main Street Mechanicsburg, PA. 17055 Phone: (717) 790-5500 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 unworn falsification to authorities Date: 19-- 13 ON Owen Urighre-Estrada, aintiff OWEN URIGHRE-ESTRADA IN THE COURT OF COMMON PLEAS OF C77� C-) PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI, rrico rn V. F- 2008-1644 CIVIL ACTION LAW _4 CD LACANNA L.KEEFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday,March 20,2013 —, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S.Sunday,Esq. ,the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 – on Thursday,April 18,2013 1:30 PM 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. 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/ Dawn S. Sunday,Esq.f4 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 DWI— f n/ Vr ' i inn OWEN UHRIGHRE-ESTRADA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1644 CIVIL ACTION LA)&=, a 0---% LaCANNA L. KEEFER Defendant IN CUSTODY <:I> - > ORDER OF COURT Z: AND NOW, this 361 day of 2013, upon consideration of the attached Custody Conciliation Report, iMs ordered and directed as follows: 1. The prior Orders of this Court are vacated and replaced with this Order. 2. The Father, Owen Urighre-Estrada, and the Mother, LaCanna L. Keefer, shall have shared legal custody of Owen Urighre-Estrada, age 14. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. At such time as the Mother relocates to Illinois, which is anticipated to be April 26, 2013, the Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child in accordance with the following schedule: A. During the summer school break,the Mother shall have custody of the Child from the first Saturday after the last day of school until one full week before football practice starts. During the remainder of the summer, the Mother may have additional periods of custody with the Child whenever she travels to Pennsylvania upon providing as much notice as possible to the Father and with the specific arrangements to be made by agreement between the parties. B. During the school year, the Mother shall have custody of the Child during the holiday periods more specifically provided in this Order and also at any additional times when the s a Mother travels to Pennsylvania with the specific arrangements to be made by agreement between the parties in advance. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In odd numbered years,the Mother shall have custody of the Child during the Christmas holiday school break for six full days, with the specific days to be arranged by agreement and the Father shall have custody of the Child for Christmas Eve and Christmas Day and any remaining days of the holiday break. In even numbered years,the parties shall equally share the number of vacation days in the Christmas holiday break with the Mother having custody of the Child for Christmas Eve and Christmas Day included in her time period. B. Thanks ig ving/Easter or Spring Break:reak: The parties shall share or alternate having custody of the Child for the extended school holiday periods for Thanksgiving and Easter/Spring Break each year with the specific arrangements to be made by agreement of the parties. 6. The parties agree that the Child shall be enrolled in the East Pennsboro School District beginning in the 2013-2014 school year. 7. The Mother shall be responsible for providing transportation for exchanges of custody of the Child between Pennsylvania and Illinois and shall also be responsible for payment of all costs of the transportation, including airline tickets. In the event the Mother makes flight reservations for the Child,the Mother shall make arrangements for the Child to be supervised by airline personnel. The Mother shall make all airline reservations to fly in and out of the Harrisburg International Airport unless otherwise agreed between the parties. The Father shall be responsible for transporting the Child to and from the Harrisburg airport for custodial exchanges. 8. The Father shall notify the Mother by April 20 each year of the date of the last day of school for the Child and the starting date for football practice for the Child in the summer so that the Mother can make the reservations for roundtrip flights for the Child. 9. The non-custodial parent shall be entitled to have liberal, reasonable telephone and Skype contact with the Child. 10. The Father agrees to facilitate ongoing regular contact between the Child and the maternal grandparents. 11. The Father shall ensure that the Mother's emergency contact information is included on the Child's school records. 12. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 13. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COU Edward E. Guido J. cc: Gregory S. Hazlett Esquire—Counsel for Father �LaCanna L. Keefer - Mother OWEN UHRIGHRE-ESTRADA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1644 CIVIL ACTION LAW LaCANNA L. KEEFER Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8,the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME AGE CURRENTLY IN CUSTODY OF Owen Urighre-Estrada 14 Mother 2. A custody conciliation conference was held on April 19, 2013, with the following individuals in attendance: the Father, Owen Urighre-Estrada, with his counsel, Gregory S. Hazlett Esquire, and the Mother, LaCanna L. Keefer, who is not represented by counsel in this matter. Jessica Bentley-Sassaman served as the Mother's sign language interpreter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire (J_ Custody Conciliator