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HomeMy WebLinkAbout09-0614AMBER L. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. O-L w Tu.w CHRISTOPHER L. KEEBAUGH, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Amber L. Smith, who currently resides at 173 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania. 2. The Defendant is Christopher L. Keebaugh, who currently resides at 102 Regency Woods North, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Nevaeh Lynn Keebaugh Date of Birth: June 4, 2008 Address: 173 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania 17241 4. The child was born out of wedlock. 5. The child is presently in the custody of Amber L. Smith, who resides at 173 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania. 6. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Amber L. Smith & 102 Regency Woods North Birth to January 30, 2009 Christopher L. Keebaugh Carlisle, PA Amber L. Smith 173 Conodoguinet Mobile Estates January 30, 2009 to Present Newville, PA 7. The mother of the child is Amber L. Smith, who resides at 173 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania. 8. Mother of the child, Amber L. Smith, is not married. 9. The father of the child is Christopher L. Keebaugh, who currently resides at 102 Regency Woods North, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Christopher L. Keebaugh, is not married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: a. Her daughter, Nevaeh Lynn Keebaugh b. Richard and Mary Jane Row, her grandparents 14. The Defendant currently resides by himself. 15. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor child since her birth. Plaintiff has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; Vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Plaintiff. C. Plaintiff is able to provide a stable environment for the child and can provide for the day-to-day necessities for the child. i. The Plaintiff has all of the baby equipment necessary in which to take care of the child. ii. It is believed and therefore averred that the Defendant does not even have a working stove or microwave oven in which to heat the necessary bottles and/or meals for the child. iii. It is believed and therefore averred that the Defendant does not have a crib, highchair, or car seat in which to transport the child. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Plaintiff with periods of temporary custody to the Defendant. Respectfully submitted, ABOM&KUTULAKi4 L.L.P. DATE y iwmw?k' 21? ? Michelle L. Somm squire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, AMBER L. SMITH, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date AMBER L. SMITH AND NOW, this 5`h day of February 2009, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified First Class Mail, postage prepaid addressed to the following: Christopher L. Keebaugh 102 Regency Woods North Carlisle, PA 17015 Pm Se Defendant Respectfully submitted, ABOM & KUTULAKis, L.L.P. Ll.. - Michelle L. Sommer quire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ?. t ? C7 ? ' a - - CJ s ' VV f.J+?y V e U? OM & UTULAKIS Michelle L. Sommer, Esquire Attorney I.D. 4: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 AMBER L. SMITH, Plaintiff v. CHRISTOPHER L. KEEBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 9- 4 I `f Ctu rl CIVIL ACTION - LAW IN CUSTODY Please list this matter for Conciliation within 45 days and trial within 180 days pursuant to 42 Pa. R.C.P. §1915.4-2. Date: February 5, 2009 Respectfully submitted, ABOM & KUTULAIOS, LLP Michelle L. So , Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 C rV ? - r k ? ? ?,t r {i TZ m. -< AMBER L. SMITH PLAINTIFF V. CHRISTOPHER L. KEEBAUGH DEFENDANT IN THE COURT OF COMMN PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA 2009-614 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 09, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse; Carlisle on Friday, Marc 20, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by la to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and rea onable 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 O CE. 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 dui ? `"" ?? .day r° '? fJ_ ? ry?^m? EGG, 60- y ? 46?2 fV do b c? ,,,/t . ? M ? tnl SO al C i ' I 1 WV 6- 833 6004 AII'V1.vi,tcHioUd 31?u ?o } MAR 2 3 20096) 1C) AMBER L. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-614 CIVIL ACTION LAW CHRISTOPHER L. KEEBAUGH, IN CUSTODY Defendant ORDER OF COURT AND NOW this 3 r day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Christopher Keebaugh, and the Mother, Amber Smith, shall have shared legal custody of Nevaeh L. Keebaugh, born 06/04/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Nevaeh at such times and locations as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. It is specifically directed that Father's telephone calls shall be appropriate and not made in a threatening or hostile manner. 4. Holidays: The parents shall arrange and alternate a holiday schedule as the parties may mutually agree. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 7. Appropriate child restraints/ car seats shall be used at all times when transporting Nevaeh. yI w III-0114V SZ Rw fipHlz Mviol? 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered without prejudice to either party's right to modify the custodial arrangement upon proper application to the Court. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. AF 'bution: elle Sommer, Esquire opher Keebaugh, 219 North Second Street, McSherrystown, PA 17344 J. Mangan, Esquire 4 By the Court, ? 1:01 WV ?Z NVW 60OZ At e :1L ?U AMBER L. SMITH, Plaintiff V. CHRISTOPHER L. KEEBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-614 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth 9=ntly in the Custody of Nevaeh L. Keebaugh 06/04/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 20, 2009 with the following individuals in attendance: The Mother, Amber Smith, with her counsel, Michelle Sommer, Esq. The Father, Christopher Keebaugh, did not appear. 3. The undersigned recommends the entry of an Order in the form as attached. 2 ? Date 40* J. angan, quire Concili for