HomeMy WebLinkAbout08-7437KRISTEN STAMBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 08- 7 y 31 CIVIL TERM
ANDREW PICKARD,
Defendant. CUSTODY
COMPLAINT FOR CUSTODY
AND REQUEST FOR SPECIAL RELIEF
PURSUANT TO RULE 1915.13
AND NOW, TO WIT, this _ of December 2008, comes the Plaintiff, Kristen
Stambaugh, by her attorneys, CARRUCOLI AND ASSOCIATES, PC, Esquires, and by Susan
K. Pickford, Esquire, and files the following Complaint for Custody, whereof the following is a
statement:
1. The Plaintiff is KRISTEN STAMBAUGH, an adult individual, who currently resides
at 250 E. Crestwood Drive, Apt CI, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. The Defendant is ANDREW PICKARD, an adult individual, who currently resides at
760 Robin Hill Circle, York, York County, Pennsylvania.
3. The Plaintiff and Defendant are the natural parents of the minor child: QUENTIN
BRYCE STAMBAUGH, whose date of birth is October 22, 2005.
4. The Plaintiff KRISTEN STAMBAUGH, the natural Mother of the minor child. She
resides with her fiancee and her other minor child .
5. The Defendant is ANDREW PICKARD, the natural Father of the child. It is unknown
with whom Mr. Pickard resides.
6. The minor Child was born out of wedlock.
7. During the past 5 years or since the child's birth, the parties' minor Child has resided
with the following persons at the following locations:
Names
Addresses
Dates
Kristen Stambaugh, Barbara 2285 Greenbrier Road
Stambaugh and Ethan Stambaugh York, PA
Kristen Stambaugh, Ethan 250 E. Crestwood Drive
Stambaugh and Nicholas Sullivan Apt C2
Camp Hill, PA 17011
October 2005-
March 2007
March 07 -
to present
The Mother currently has primary physical custody of the minor child per Order of
March 17, 2008 (A copy of which is attached hereto as Exhibit A), and the Father has periods of
partial physical custody. The Plaintiff Mother seeks an order providing for primary legal and
sole physical custody of the minor child.
8. The Plaintiff believes it is in the child's best interest for her to have sole physical and
primary legal custody of the minor child in order to provide consistent medical treatment and
therapies necessary to the child's medical condition and development and alleges the following
in support thereof:
a. Father consistently refuses to participate in or cooperate with medical and
therapeutic directives involving the child, interfering with Mother's ability to assist child in
reaching medical and therapeutic goals.
b. Father consistently refuses to take child to scheduled meetings with therapists
and/or programs in which the child has been placed for ongoing treatment.
c. Father refuses to give prescribed medications to the minor Child during his periods
of custody.
d. Father refuses to allow testing requested by doctors.
e. Father consistently insists that Mother is fabricating the medical needs of the
minor child in spite of medical records, letters and directives to the contrary. By refusing to
cooperate, Father places the child at risk for abnormal development.
f. Father's contact with Mother is verbally and physically abusive in the presence of
the child.
g. It is the recommendation of the minor child's physician that the child remain in a
single domicile until his medical condition stabilizes. (see letter from Dr. Miller attached hereto
as Exhibit "B")
9. A prior action for custody or was filed by these of these parties in York County (See
Exhibit A), however, Mother and child have lived in Cumberland County for over 1 year. The
minor child's doctors and therapists are located in Cumberland County as is his Maternal
Grandmother and Mother's employment. Venue is appropriately in Cumberland County. It
would be a hardship on Mother's professional witnesses to litigate this case in York.
10. The Plaintiff knows of no other person not a party to these proceedings who has
physical custody of the child or who claims visitation rights.
11. Each parent whose parental rights to the child have not been terminated and the
persons who have physical custody of the minor child have been named as parties to this action.
All other persons, named below, who are known to have or claim a right to custody or visitation
of the children have been given notice of the pendency of this action and the right to intervene:
None.
WHEREFORE, Plaintiff requests your Honorable Court to enter an order granting Petitioner
Mother primary legal and sole physical custody of the minor child, QUENTIN STAMBAUGH
and to further grant special relief pending further hearing granting sole physical and legal
custody to Mother for purposes of receiving consistent medical treatment.
Respectfu Submitted,
By:
Swan K. Pickfor , Es ire
Attorney for Plaintiff
Supreme Court I.D. No. 43093
875 Market Street, Suite 200
Lemoyne, Pennsylvania 17043
(717) 761-1274
Attorney for Plaintiff
VERIFICATION
I, Kristen Stambaugh, verify that the statements made in the foregoing Motion/Petition
are true and correct. I understand that false statements made herein are subject to the
penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.
a
DATE 4Krin Stambaugh
V AR 1, 2??!,? c' 27A
COUNTY 0= YORK FRCT'''ONOTARY
22
IN THE COURT OF COMMON PLEAS OF YORK COUNTY,
PENNSYLVANIA
ANDREW PICKARD
VS
KRISTEN STAMDAUGH
No. 2005-FC-02375-Y03
[Custody]
York, Pa., Thursday, January 24, 2008
Before the Honorable Michael E. Bortrier, Judge
APPEARANCES :
FARLEY G, HOLT, Esquire
For the Plaintiff
DAMN S. JOHNS, Esquir e r;
For the Defendant
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PARENTING PLAN
This Parenting Plan involves the custody
of Quentin B. Stambaugh, date of birth, October 22nd,
2005. He's two years old.
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OUwTY 0F YORK PROTHO?"I"' ;CRY
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We hereby award legal custody to both
parties. Joint legal custody means the right of both
parents to control and to share in making decisions of
importance in the life of the child, including
educational, medical and religious decisions, Both
parents shall be entitled to equal access to a child's
school, medical, dental and other important records.
As soon as practical after receipt by a
party, copies of the child's school schedules, special
events notifications and other similar notices shall be
provided to the other party. Each party shall notify
the other party of any medical, dental, optical and
other appointments of the child with health care .,:
providers, sufficiently in advance thereof so that they
other party can attend.
Notwithstanding that both parents share
legal custody, non-major decisions involving a child's
day-to-day living shall be made by the parent then L.
having custody, consistent with the other provisions.?bf
the Parenting Plan.
Physical custody of the child shall be
shared by the parties as follows:
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COUNTY OF YORK PROTHONOTARY
P. 4/? 2
Mother shall have physical custody of
the child every week from Sunday at 8:00 p.m. until
Friday morning at 8:00 a.m. Father shall have custody
from Friday at 8:00 a.m, until Sunday at 8:00 p.m.
In addition, both parties may choose one
week of vacation during the summer when they may have
uninterrupted partial custody for the entire period
selected. At the conclusion of the periods of
vacation, the parties shall resume their
regularly-scheduled custody previously set forth by
this Parenting Plan.
NOTICE OF SUM14EFR VACATION:
Each party shall give at least 30 days,.\;
written notice of their intent to take the period or
periods of summer vacation,
should either party have plans scheduled
for the summer and the required notice has not been
given, the party who first gives notice to the other
shall take precedence, and the other party will not
schedule a period of vacation during that time.
ALTERNATE HOLIDAYS:
Each parent shall also have the right of
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partial custody on alternate holidays throughout the
year, those holidays being Memorial Day, Independence
Day and Labor Day.
Custody on those holidays shall be
exercised from 8:00 a.m, until 8:00 p.m,, with father
to have custody on the first holiday, that being
Memorial Day. The parties shall alternate custody on
holidays thereafter,
In the event that a parent who would
otherwise have custody of the child during a weekend
which immediately precedes or follows one of the
alternating holidays on which the same parent would.
have custody, the parent need not relinquish custody
until the conclusion of the entire three-day period.
EASTER:
In odd-numbered years, the child will
spend Easter with father from 9:00 a.m. until 8:00 prim.
In even-numbered years, the child shall spend Easter
with mother through the same period of time.
THANKSGIVING:
in odd-numbered years, the child shall
spend. Thanksgiving Day from 9:00 a.m. to 8:00 p.m. with
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father, In even-numhered years, the child shall spend
Thanksgiving with mother,
In, the event that the parent having
custody on Thanksgiving Day is also regularly scheduled
to exercise custody on the weekend following
Thanksgiving, that parezzt may retain custody
Thanksgiving Day through the weekend.
CHRISTMAS :
In odd-numbered years, mother shall have
the right of partial custody each Christmas season from
December the 24th at 6;00 p.m. through December the k,
25th at 12:00 noon.
In odd-numbered years, father shall have
the right of custody of the child from December the, ' ?c,
25th at noon through December the 26th at 8;00 p.m.
In even-numbered years, the father will
have the right of custody with the child from December-
the 24th at 6:00 p.m, through December the 25th at
noon.
Mother will have custody of the child
from December 25th at noon through December the 26th,at
6:00 p.m.
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MAR. ' 7. 2 0 0 8 2 : 3' Asti'
COUNTY OF YORK ?ROT-'CNCTA,'Y
MOTHER'S DAY AND FATHER'S DAY
Mother shall always have the right of
partial custody on Mother's Day. Father shall always
F,
have the right of partial custody on Father's Day, The
rights of partial custody shall be exercised from 9:30
in the morning until 8:00 in the evening.
HOLIDAYS A PRIORITY
The periods of partial custody for
holidays, vacations, or other special days set forth in
this Parenting Plan shall be in addition to, and shall
take precedence over, but shall not alter the schedule
or sequence of regular periods of partial custody for
that parent set forth previously in the Parenting Plan.
TRANSPORTATION-
The ^
transportation shall be shared by
the parties, with the parent who is to receive custody
at the time of exchange to provide for transportation
from the residence of the other parent. At all times,
the child shall be secured in appropriate passenger. :..r.
restraints. No person transporting the child shall ...
consume alcoholic beverages prior to transporting the.
child, No person transporting the child shall be under
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TY OF COU YORK PRO17HCNC1ARY
NO. C P. 0/ 2
the influence of any alcoholic beverages while
transporting the child,
LATE FOR EXCHANG8:
In the event any party is more than
20 minutes late for a scheduled custody exchange, in
the absence of a telephone call or other communication,-
from the parent picking up the child, the other party
may assume that the parent who is late has chosen not
to exercise that period of custody, the period will be
forfeited, and the other party will be free to make
other plans with the child.
DISPARAGING REMARKS:
Each of the parties and any third party.
in the presence of the child shall take all measures
deemed advisable to foster a feeling of affection
between the child and the other party. Neither party,;;
shall do nor shall either parent permit any third
person to do or say anything which may estrange a child
from the other parent, their spouse or relatives,
injure a child's opinion of the other party or which
may hamper the free and natural development of a
child's love and respect for the other parent.
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COUNTY OF YORK PRCTI'2CNOJTAR'Y
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The parties shall not use a child to
convey verbal messages to the other parent about the
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custody situation or changes in the custody schedule.
MUTUAL CONSULTATXOW:
Each party shall confer with the other
on all matters of importance relating to the child's
health, maintenance, and education with a view towards
obtaining and following a harmonious policy in the
child's education and social adjustments. Each party
agrees to keep the other informed of his or her
residence and telephone number to facilitate
communication concerning the welfare of the child and
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visitation. Each party agrees to supply the name,
address and phone numbers of any persons in whose care
the child will be for a period in excess of seventy-two
(72) hours, and for each person or entity which may,
provide day care for a child.
E-MAIL:
Due to the difficulties the parties have
had with telephone communication, the parties shall
communicate by e-mail on all matters involving the
child. Specifically, if either party schedules a
COCti'TY OP YORK PPOTF"O%OTPY
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medical, dental, educational or similar appointment
involving the health or welfare of the child, the other
party shall be advised immediately. The parties shall
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keep each other informed of their current e-mail
address at all times,
ILLNESS OF CHILDREN:
Emergency decisions regarding the child
shall be made by the parent then having custody.
However, in the event of any emergency or serious
illness of a child at any time, any party then having
custody of a child shall immediately communicate with
the other party by telephone or any other means
practical, informing the other party of the nature of!
the illness or emergency, so the other parent can
become involved in the decision making process as soon
as practical.
The term "serious
herein shall mean any disability
to bed for a period in excess of
and which places the child under
licensed physician.
WELFARE OF CHILDREN TO BE CONSIDI
illness" as used
which confines a child
seventy-two (72) hours
the direction of a-,-1,
CRED :
MAR.17,2008 8:32AM COUNTY OF YORK PROTHONOTARY N0,0159 P, 11/12
The welfare and convenience of the child
shall be the prime consideration of the parties in any,
application of the provisions of this Parenting Plan.'"
Both parents are directed to listen carefully and
consider the wishes of the child in addressing the
custodial schedule, any changes to the schedule, and
any other parenting issues.
SMOKE/DRINit
No party shall smoke in a confined area
when the child is present, and neither party shall
permit another person to smoke in a confined area when
a child is present. No party shall drink alcoholic,:?v
beverages while in the presence of the child, and no, "
party shall be under the influence of alcoholic
beverages while in the presence of the child.
MODIFICATION OF ORDER;
The parties are free to modify the terms
of this Parenting Plan, but in order to do so, the
Court makes it clear that both parties must he in
complete agreement to any new terms, That means both
parties must consent on what.the new terms of the wu;
custody arrangement or visitation schedule shall be..,
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In the event that one or the other does'
not consent to a change, that does not mean each
follows your own idea as to what you think the
arrangements should be. The reason this Parenting Plan
is set out in detail is so both parties have it to
refer to and to govern your relationship with the child
and with each other in the event of a disagreement.
The parties are hereby directed to
participate in and successfully complete the
Co-Parenting and Divorce Workshop offered through
Family-Child Resources. The parties shall attain
certificates of successful completion of the training
and shall provide those certificates of completion to
the Prothonotary within 30 days of completing those:,:,.,
classes.
BY THE COURT:
Michael E. Bortner,
Judge
kb - 3/10/08
Pickard vs. Stambaugh
No. 2005-FC-02375-Y03
11
PENNSTATE
PIM Milton S. Hershey Medical Center
® College of Medicine
University Physician Group Penn State Milton S. Hershey Medical Center Tel: (717) 232-5443
Front Street Penn State College of Medicine Fax: (717) 232-4553
University Physician Group, HPi1
1711 North Front Street
Harrisburg, PA 17102-23015
10/29/08
To Whom It May Concern:
After examining Quentin Stambaugh again on 10/28/08, it was concluded that it would be
in the best interest of Quentin to remain in a single domicile. This recommendation
persists until it is evident that Quentin has an appropriate weight gain. The alterations in
Quentin's schedule from weekday to weekend provide Quentin with a disservice in that
he is unable to thrive to his fullest. He should remain in his primary weekday residence
indefinitely.
Sincerely,
el
mes C. Miller, D.O.
An Equal Opportunity University
?Cxf f C !G/T ,(?
KRISTEN STAMBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 08- CIVIL TERM
ANDREW PICKARD,
Defendant. CUSTODY
AFFIDAVIT OF SERVICE
I, Susan K. Pickford, Esq., hereby certify that on this date I served a copy of the foregoing
Complaint in Custody in the above captioned matter upon the Attorney for Defendant as listed
below, by placing same in first class mail to the locations stated below:
Farley Holt, Esq.
34 North Queen Street
York, PA 17403
I hereby state that the above is a true and correct statement.
Respectfully submitted,
Date: December 19, 2008
san K. Pickfordj-fsq.
Attorney for Plaintiff
875 Market Street
Lemoyne, A 17043
(717)761-1274
ID# 43093
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KRISTEN STAMBAUGH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ANDREW PICKARD, -7q3-7
DEFENDANT 08 CIVIL
ORDER OF COURT
AND NOW, this 5th day of January, 2009, upon consideration of Kristen
Stambaugh's Complaint for Custody and Request for Special Relief pursuant to
Rule 1915.13, and the Court noting that there is already a prior action for custody
filed in York County,
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Request
for Special Relief is DENIED.
IT IS FURTHER ORDERED AND DIRECTED that the matter is referred to
a custody conciliator for review.
By the Court,
? Susan K. Pickford, Esquire
Attorney for Plaintiff
? Farley Holt, Esquire
Attorney for Defendant
Court Administrator - s?s4?
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M. L. Ebert, Jr.,
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KRISTEN STAMBAUGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2008-7437 CIVIL ACTION LAW
ANDREW PICKARD
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, January 12, 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 Friday, Januarv 30, 2009 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 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
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KRISTEN STAMBAUGH IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2008-7437 CIVIL ACTION LAW
ANDREW PICKARD "
Defendant IN CUSTODY
sr?
ORDER
C- ~
AND NOW, this 14th day of January, 2010 , the conciliator, having received no
further advice from counsel as to the disposition of the Preliminary Objections which were being filed
in this case in connection with the conciliation conference that was to be held in January 2009, hereby
relinquishes jurisdiction.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator