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Home My WebLink About09-2100Amanda Carbaugh, : IN THE COURT OF COMMON PLEAS OF on behalf of Ky Carbaugh, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW IN CUSTODY Jessica Mauer and Andrew Mauer, on behalf of Lindsey Mauer, Defendants : NO.09- CIVIL TERM COMPLAINT FOR CUSTODY The Plaintiff, Amanda Carbaugh, on behalf of Ky Carbaugh, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The Plaintiff is Amanda Carbaugh, on behalf of Ky Carbaugh, residing at 267 Wyoming Ave, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendants are Jessica Mauer and Andrew Mauer, on behalf of Lindsey Mauer, residing at 500 1 st Street, Summerdale, Cumberland County, Pennsylvania 17093. 3. Plaintiff, on behalf of Ky Carbaugh, seeks partial custody of: Name Present Residence Age Mathew Dean Michael Mauer 500 1 st Street 7 months Summerdale, PA 17093 The child was born out of wedlock. The child is presently in the custody of Lindsey Mauer, who resides at 500 1 st Street, Summerdale, PA 17093. Since birth the child has resided with the following persons at the following addresses: Persons Address Lindsey Mauer 500 1 st Street Jessica Mauer Summerdale, PA 17093 Andrew Mauer Austin Mauer The mother of the child is Lindsey Mauer. She is single. The father of the child is Ky Carbaugh. Dates September 14, 200$- Present He is single. 4. The relationship of Plaintiff to the child is that of paternal grandmother. The Plaintiff currently resides with the following persons: Name Relationship Ky Carbaugh Son Tim Carbaugh Husband Noah Carbaugh Son Abby Carbaugh Daughter Maddie Carbaugh Daughter 5. The relationship of Defendants to the child is that of maternal grandmother and maternal grandfather. The Defendants currently reside with the following persons: Name Lindsey Mauer Mathew Mauer Austin Mauer Relationship Daughter Grandson Son 6. 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 another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Ky Carbaugh is the child's father; b. Ky Carbaugh desires to have a relationship with his son; c. It is in the child's best interest to have a relationship with his father; d. During Father's periods of partial custody, Father can provide the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; e. Child's mother, Lindsey Mauer, has prevented Ky Carbaugh from establishing a relationship with the child and will continue to do so without court intervention. 8. Each parent whose parental rights to the child have not been terminated and the: person who has physical custody to the child have been named as parties to this action.: WHEREFORE, Plaintiff, on behalf of Ky Carbaugh, requests the court to grant Ky Carbaugh shared legal custody and partial physical custody of the child. Date: Respectfully submitted, tm6 akis Legal Intern ' MEG RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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. Amanda Carbaugh Ky Carbaugh OF n+e n %ARY 2044 APR -3 PM 1: 57 CE1MRA"ib" (,;O 1N+Y PENNISYLWANIA -V r p Amanda Carbaugh, on behalf of Ky Carbaugh, Plaintiff V. Jessica Mauer and Andrew Mauer, on behalf of Lindsey Mauer, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 09-.1v0 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Amanda Carbaugh, on behalf of Ky Carbaugh, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Y ,?-?w Respectfully submitted, Amy rakis Certi ed Legal Intern EG RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 o; xlllw? ? amr 0.1 M OR -3 PM 1 57 CUIOK-I,LA:,4? COUNTY PE# W t.VANIA I.-.0 AMANDA CARBAUGH ON BEHALF OF KY IN THE COURT OF COMMON PLEAS OF CARBAUGH PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2100 CIVIL ACTION LAW JESSICA MAUER AND ANDREW MAUER ON BEHALF OF LINDSEY MAUER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 07, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 07, 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/ ac ueline M. Verne 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 OF '?° oTAFtY 2999 APR -? PH 2: 52 NTY C1mP+SYL?J?1,. ??of y?7? s ? ?70 Amanda Carbaugh on behalf of : IN THE COURT OF COMMON PLEAS OF Ky Carbaugh, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION-LAW IN CUSTODY Jessica Mauer and Andrew Mauer on behalf of Lindsey Mauer, Defendant NO. 09 - 2100 CIVIL TERM CERTIFICATE OF SERVICE I, Amy Hirakis, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Lindsay Mauer, residing at 500 1 Sc St, Summerdale, PA 17093, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Lindsay Mauer, on April 23, 2009, as evidenced by the attached green card. M .s iu m ru 0 n r ITI i . t ?a Amy Hi s Certifi Legal Intern /0 Z' Megan Riesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 FILJ-,,D rj OF THE Fpu?7t i?,q)T RY 200914AY -- I AP, 9: 30 MAY 0 8 2009( AMANDA CARBAUGH on behalf : IN THE COURT OF COMMON PLEAS OF of KY CARBAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009-2100 CIVIL ACTION - LAW JESSICA MAUER and ANDREW : MAUER on behalf of LINDSEY : IN CUSTODY MAUER, Defendant ORDER OF COURT AND NOW, this itth day of _ M by , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Ky Carbaugh and the Mother, Lindsey Mauer, shall have shared legal custody of Matthew Dean Michael Mauer, born September 14, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: w . - r A. Beginning May 11, 2009, alternating Mondays and Wednesdays from 4:00 p.m. to 8:00 p.m. and in the same week, alternating Saturdays and Sundays from 12:00 noon to 7:00 p.m. B. Beginning on Father's first alternating weekend in July, Father's Saturday and Sunday shall become an overnight from Saturday at 12:00 noon to Sunday at 3:00 p.m. C. Such other times as the parties agree. D. Paternal Grandmother will generally be present during Father's periods of partial physical custody. 4. Holidays: A. Thanksgiving and Easter shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. as agreed by the parties. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. Memorial Day, July 4`h and Labor Day shall be alternated by the parties from 9:00 a.m. to 9:00 p.m. Father shall have Memorial Day in 2009. 5. Beginning in 2010, Father shall have physical custody of the child for one week in the summer provided he gives Mother 30 days prior notice. 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party may use illegal drugs or alcohol (while they are underage) or use alcohol, when it is legal, to the point of intoxication when the child is in their physical custody. 8. 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 COURT, cc: y Hirakis, certified legal intern, Counsel for Father e MacDonald-Fox, Esquire, Family Law Clinic .,'Lee Oesterling, Esquire, Counsel for Mother CaPl *ej i'rtS t C MID L :ZI W 'j I I Avw 6001 - . .Qt MAY 0 ? 2009 AMANDA CARBAUGH on behalf : IN THE COURT OF COMMON PLEAS OF of KY CARBAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009-2100 CIVIL ACTION - LAW JESSICA MAUER and ANDREW : MAUER on behalf of LINDSEY : IN CUSTODY MAUER, Defendant PRIOR JUDGE: None 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 Matthew Dean Michael Mauer September 14, 2008 Mother 2. A Conciliation Conference was held in this matter on May 7, 2009, with the following in attendance: The Father, Ky Carbaugh and paternal grandmother, Amanda Carbaugh, with their counsel, Amy Hirakis, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic and the Mother, Lindsey Mauer and maternal grandparents, Jessica Mauer and Andrew Mauer with their counsel, Lee Oesterling, Esquire. 3. The parties agreed to an Order in the form as attached. s-'7-off Date cqu ne M. Verney, Esquire Custody Conciliator ~ ~~ AMANDA CARBAUGH ON CARBAUGH PLAINTIFF V. LINDSAY MAUER DEFENDANT OF KY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2009-2100 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, it is hereby directed that parties at 4th Floor, Cumberland C for aPre-Hearing Custody Con'. if this cannot be accomplished, order. Failure to appear at the c The court hereby ~ Special Relief orders, and ridgy, July 16, 2010 ,upon consideration of the attached Complaint, d their respective counsel appear before JacqueUne M. Verney, Esq. ,the conciliator, inty Courthouse, Carlisle on Thursday, August OS. 2010 at 9:30 AM ence. At such conference, an effort will be made to resolve the issues in dispute; or define and narrow the issues to be heard by the court, and to enter into a temporary ~ference may provide grounds for entry of a temporary or permanent order. the parties to furnish any and all existing Protection from Abuse orders, odv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of C with Disabilites Act of 1 available to disabled ind must be made at least 72 conference or hearing. YOU SHOUL] HAVE AN ATTORNEY FORTH BELOW TO FIZ ..~, ~; c~ t.~ ~. t9•-o ~o~+~- A~r~ N0.Z 0 7. -a ~ -o cr~p~. mon Pleas of Cumberland County is required by law to comply with the Americans . For information about accessible facilities and reasonable accommodations uals having business before the court, please contact our office. All arrangements ars prior to any hearing or business before the court. You must attend the scheduled s I-Q.Ci '~" t7 m' -;-, -_ -~ -=~: t. ~.? 'J =n --~ _.,_~ _ _ .t _~ .} -~, TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ~R CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association c~ ~; tQa ~ i 32 South Bedford Street -, ; °. <__, __ ~;t1~ C. Carlisle, Pennsylvania 17013 r, ~ i ~'~ Telephone (717) 249-3166 ~ ` ~' ;,~, `~t C~.O~ ~ n V~~ S ~ le... AUG 19 2010 AMANDA CARBAUGH on behalf : IN THE COURT OF COMMON PLEAS OF of KY CARBAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. LINDSEY MAUER, Defendant/Respondent : NO. 2009-2100 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW to - s 0: a_ w AND NOW, this l day of K%) dli _, 2010, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: Petitioner's Petitions for Contempt and Modification shall be held in abeyance. 2. The prior Order of Court dated May 11, 2009 shall remain in full force and effect with the following modifications. 3. Father's periods of partial physical custody shall, beginning August 23, 2010, be alternating Mondays and Wednesdays from 4:00 p.m. to 8:00 p.m. and during the same week Saturday from 12:00 noon to 8:00 p.m. and Sunday from 12:00 noon to 5:00 p.m. 4. There shall not be any illegal drug activity in the either parent's home. 5. Paternal Grandmother shall be generally physically present in the home with the exception of short periods for extenuating circumstances only during Father's periods of physical custody. 6. 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. Either party may contact the Conciliator and schedule another Conciliation Conference once the criminal charges against paternal grandmother are resolved. w BY THE COURT, llk_? ??A M. L. Ebert, Jr., J. cc: Daniel L. Puskar, certified legal intern, Counsel for Father ine MacDonald-Fox, Esquire, Family Law Clinic ?rregory Hazlett, Esquire, Counsel for Mother g ?qf?a AUG 19 2010 AMANDA CARBAUGH on behalf : IN THE COURT OF COMMON PLEAS OF of KY CARBAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. : NO. 2009-2100 CIVIL ACTION - LAW LINDSEY MAUER, Defendant/Respondent : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Matthew Dean Michael Mauer September 14, 2008 Mother 2. A Conciliation Conference was held in this matter on August 17, 2010, with the following in attendance: The Father, Ky Carbaugh and paternal grandmother, Amanda Carbaugh, with their counsel, Daniel L. Puskar, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic and the Mother, Lindsey Mauer with her counsel, Gregory Hazlett, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court dated May 11, 2009 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody on alternating weeks, Monday and Wednesday from 4:00 p.m. to 8:00 p.m. and alternating Saturday to Sunday overnight. 4. The parties agreed to an Order in the form as attached. &?-/7-/o Date vc" acq ne M. Verney, Esquire 'If Custody Conciliator