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HomeMy WebLinkAbout04-3775JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004- 3??5 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is June E. Keeseman, an adult individual who currently resides at 193 Quigley Road, Newburg, Cumberland County, Pennsylvania. 2. Defendant is Michael A. Strausbaugh, an adult individual who currently resides at 29 Antler Lane, New Oxford, Adams County, Pennsylvania. 3. The parties are the parents of two minor children, namely, Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994. The children were born in wedlock. The children are presently in the custody of Plaintiff at 193 Quigley Road, Newburg, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates June E. Keeseman Ron Keeseman June E. Keeseman 193 Quigley Road Newburg, Pennsylvania 5726 Hanover Road Hanover, Pennsylvania November, 2003 to present November, 2002 to November, 2003 June E. Keeseman 529 York Street April, 2001 Hanover, Pennsylvania to November, 2002 June E. Keeseman June E. Keeseman June E. Keeseman Michael A. Strausbaugh Shelter Shelter Hanover 524 E. Walnut Street Hanover, Pennsylvania February, 2001 to April, 2001 November, 2001 to February, 2001 Birth to November, 2001 The natural father of the child is Michael A. Strausbaugh, currently residing at 29 Antler Lane, New Oxford, Adams County, Pennsylvania. He is divorced from the Plaintiff. The natural mother of the child is June E. Keeseman, currently residing at 193 Quigley Road, Newburg, Cumberland County, Pennsylvania. She is divorced from the Defendant. 4. The relationship of the Plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Ron Keeseman Husband Jessica M. Strausbaugh Daughter Michael A. Strausbaugh, Jr. Son 5. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Ginger (I.n.u.) Nevaeh (l.n.u.) Relationship Paramour Paramour's son 6. Plaintiff has participated as a party in divorce litigation, which contained a provision for custody, concerning the custody of the children in York County docketed to No. 2002-SU-02680-02D. --,-I A copy has been attached hereto as "Exhibit A." Neither plaintiff nor the defendant reside in York County. All of the children's activities, schooling and medical care occur in Cumberland County, and as such, Cumberland County is the appropriate venue to conduct custody proceedings at this time. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NONE. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children and give Defendant partial custody at such times as is convenient for the Defendant and the parties. DATE: August 2- , 2004 Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scher Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 maslDomesticlKeesemanlcustody.comp VERIFICATION I verify that the statements made in the foregoing 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 unswom falsification to authorities. June E. Keeseman DATE: August ?` 2004 U W J ?r 4 w t G C? .:1 y; 'c? IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA JUNE STRAUSBAUGH, CIVIL ACTION -LAW PLAINTIFF VS. NO. MICHAEL STRAUSBAUGH, DEFENDANT ACTION IN CUSTODY CUSTODY AGREEMENT THIS AGREEMENT made this * day of \V ?" '2002, by and between Michael Strausbaugh, hereinafter referred to as "Father", and June Strausbaugh, hereinafter referred to as "Mother WHEREAS, the parties have separated and wish to enter into a custody agreement concerning their children, Jessica Mae Strausbaugh, born on June 12, 1991 and Michael Alle Strausbaugh, Jr., born on June 9, 1994. WHEREFORE, the parties agree as follows: 1. Majority Physical Custody. Majority physical custody shall be in Mother. 2. Partial Physical Custody. Partial physical custody shall be in Father. 3. Legal Custody. Mother and Father shall share joint legal custody of the minor children. Joint legal custody means that the Mother and Father shall share the legal right to make major decisions affecting the best interest of the minor children, including, but not limited to, medical, religious and educational decisions. Mother and Father further agree that this agreement shall act as consent by both parents to release information to either parent as to all medical, educational and religious matters from individuals who possess any said information or records pertaining to the children. 4. Partial Custody Periods. Father shall have the right to exercise partial physical custody as follows: (a) Starting August 21 and thereafter, every other weekend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. (b) Every Wednesday evening from 6:00 p.m. until 9:00 p.m. 5. Change of Address or Telephone Number. Both parties agree to keep the other Exhibit "A" apprized of any changes in their address or telephone number within two weeks of said change. Both parties agree that they shall have liberal telephone contact with the children when the children are out of their custody provided that such calls do not become harassing and are made prior to the children's bedtime. Exceptions as to bedtime limitations would be lifted for holidays. 6. Transportation. Father shall pick-up and drop off the children at the dates and times set forth above at the Hardee's Restaurant that is located at Main Street, McSherrystown. Father shall be timely with his transportation arrangements and, if he is more than twenty minutes late in regards to picking up the children without calling Ms. Strausbaugh ahead of time to inform her of a possible late situation, Ms. Strausbaugh may assume that Mr. Strausbaugh has chosen not to exercise his period of custody. The period will be forfeited and Ms. Strausbaugh will be free to make other plans with the children for that time period. The parties specifically claim that this change of transportation scenario shall specifically replace the previously enacted transportation situation as set forth in the Protection from Abuse Order filed in regards to June Strausbaugh, Mother and Michael Strausbaugh, Father in the York County Court of Common Pleas. The parties will be meeting and Ms. Strausbaugh specifically states that it is in the children's best interest and not a threat to her to have the parties meet at the Hardee's Restaurant for the purpose of transporting the children provided, however, that Mr. Strausbaugh agrees to remain in the car at all times and allow the children to come out to his automobile for transportation purposes. 7. The parties agree that the foregoing agreement may be entered as an order of court and the parties agree to sign any other documentation necessary to enter this agreement as an order of court. Both parties hereby- sign this agreement indicating their consent to the entry of a court order embodying the terms of this document. 8. Telephone calls. Once the children are old enough to begin speaking on the telephone, both parties are urged to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the children, or preventing the children from calling the other parent, provided that the telephone calls are not excessively frequent nor too long in duration that they disrupt the PF- 5 children's schedule. 9. Disparaaina remarks. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. The parties shall not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 10. Welfare To Be Considered. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year aforesaid. (SEAL) ?ArZbaaggh A '0'4 XXZkUt? June ?- (SEAL) MichX11 usbaugh JUNE E. KEESEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. STRAUSBAUGH DEFENDANT 04-3775 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 11, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 03, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing. Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. EK. mnc 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 ZG v H d I I !,,,v 11092 ?, jai u JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3775 CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE AND NOW, this oLy day of 4 F _ '1-- , 2004 I, James G. Nealon, III, Esquire, Attorney for Defendant, Michael A. Strausbaugh, hereby accept service of the Custody Complaint. James G. Nealon, III, Esquire mas.d i r/d omesticlkeeseman/accepts nce.ser g 2004 NNE E. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW NO. 2004 - 3775 MICHAEL A ST UGH, : IN CUSTODY Defendant endant COURT ORDER 2004, upon consideration of the AND NOW, this X- AV%day of attached Custody Conciliation report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor children to a custody evaluation to be performed by Dr. Arnold Shienvold. This evaluation shall be an independent evaluation with Dr. Shienvold sharing the results of the evaluation with legal counsel for both parties. Costs of the evaluation shall be paid for by the mother. 2. Upon conclusion of the evaluation and in the event the parties are unable to reach an agreement at that time, legal counsel for the parties may contact the Conciliator directly for the scheduling of another conciliation conference, and this conference may be a telephone conference between the attorneys and the Conciliator. 3. Pending further order of this Court, the prior custody order entered in this case shall remain in place subject to the following modifications: a. Father shall also enjoy Labor Day with the children in 2004 such that his weekend visitation during that time shall expand through 8:00 p.m. on Monday. b. Exchange of visitation shall take place at a halfway point between mother's home and father's home, with the point to be arranged between the Attorneys for the parties. Absent an agreement between legal counsel, they may contact the Conciliator directly and he will determine the pick up point. SEP 1 7 2004 cc: ,%iichael A. Scherer, Esquire ,,dames G. Nealon, III, Esquire 4 Pvf- o9-aI -off F, d.;s ,Nl ?, J dc) SEP 1 7 2004 JUNE E. KEESEMAN, Plaintiff v MICHAEL A. STRAUSBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 3775 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994. 2. A Conciliation Conference was held on September 3, 2004, with the following individuals in attendance: The mother, June E. Keeseman, with her counsel, Michael A. Scherer, and the father, Michael A. Strausbaugh, with his counsel, James G. Nealon, III. 3. There is a prior order for custody from York in this case. However, the children have been living in Cumberland County for a number of years and the parties consent to jurisdiction in Cumberland County. Father has filed a petition seeking primary custody of at least Jessica, and father suggests that Jessica has expressed a stated desire to come and live with the father. Father is also seeking custody of Michael suggesting that the children should be together and it would be in the best interest of Michael to live with father on a full time basis. Mother's position is that the status quo should be maintained and that there are some disadvantages with the children relocating to the father. 4. The parties are at odds, but the mother is prepared to incur the costs of a custody evaluation prior to a hearing. 5. The Conciliator recommends an order in the form as attached. DATE Hu ert X. G' oy, Esquire Custody Conciliator JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER PURSUANT TO RULE 1915.12 The Petition of June E. Keeseman, respectfully represents: 1. That on September 20, 2004, the Honorable Edward E. Guido of the Court of Common Pleas of Cumberland County entered an Order of physical custody of the minor children, Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994. A true and correct copy of the order is attached to this petition. 2. Respondent ("Father") has willfully failed to abide by the order in that Father had partial physical custody of the children from November 26, 2004 through November 28, 2004, however, Father failed to return the children to Mother during the evening of November 28, 2004. 3. Father's attorney, James G. Nealon, III, Esquire, contacted undersigned counsel on November 29, 2004 and explained that Father would not be returning the children to Mother. 4. Father's counsel further related that Mother's husband, Ron Keeseman, attempted to poison the children and that he had "admitted it" to the police. 5. Father's counsel was unaware of any medical treatment received by the children. 6. Father's counsel was unable to provide any the name of any police officer in the jurisdiction where Mother's husband resides who may have investigated the alleged incident. Undersigned counsel is unaware of any Children and Youth investigation into the alleged incident. 7. Neither Mother nor Mother's husband have been contacted by any police officer to investigate the alleged incident, nor have they been contacted by Children and Youth Services. 8. Mother believes that Father has contrived the alleged poisoning incident in an effort to avoid the custody order and Mother believes that Father is in willful disobedience of this Court's September 20, 2004 Order of Court. WHEREFORE, Mother respectfully requests this Court enter an orderfinding Father in contempt of court and to pay Mother's costs and expenses related to this petition. Respectfully submitted, O'BRIEN, BARIC & SCHERER Aloik* Michael A. Scherer, Esquire #61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Petition for Civil Contempt For Disobedience of Custody Order Pursuant to Rule 1915.12 are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. June E. Keeseman Date: November 30, 2004 JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE hereby certify that on December 1, 2004, I, Tina M. Ascani, Secretary, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Civil Contempt For Disobedience of Custody Order Pursuant to Rule 1915.12 , by first class U.S. mail, postage prepaid, to the party listed below, as follows: James G Nealon Iii Esq Nealon & Grover Pc 2411 N Front St Harrisburg Pa 17110 ;x ? e ala c__ d"tzd- Tina M. Ascani, Secretary CA C> -n `q r r? C _`r - 9 11 } L? _?F JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-1-4W IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER PURSUANT TO RULE 1915.12 The Petition of June E. Keeseman, respectfully represents: 1. That on September 20, 2004, the Honorable Edward E. Guido of the Court of Common Pleas of Cumberland County entered an Order of physical custody of the minor children, Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994. A true and correct copy of the order is attached to this petition. 2. Respondent ("Father") has willfully failed to abide by the order in that Father had partial physical custody of the children from November 26, 2004 through November 28, 2004, however, Father failed to return the children to Mother during the evening of November 28, 2004. 3. Father's attorney, James G. Nealon, III, Esquire, contacted undersigned counsel on November 29, 2004 and explained that Father would not be returning the children to Mother. 4. Father's counsel further related that Mother's husband, Ron Keeseman, attempted to poison the children and that he had "admitted it" to the police. 5. Father's counsel was unaware of any medical treatment received by the children. 6. Father's counsel was unable to provide any the name of any police officer in the jurisdiction where Mother's husband resides who may have investigated the alleged incident. Undersigned counsel is unaware of any Children and Youth investigation into the alleged incident. 7. Neither Mother nor Mother's husband have been contacted by any police officer to investigate the alleged incident, nor have they been contacted by Children and Youth Services. 8. Mother believes that Father has contrived the alleged poisoning incident in an effort to avoid the custody order and Mother believes that Father is in willful disobedience of this Court's September 20, 2004 Order of Court. WHEREFORE, Mother respectfully requests this Court enter an order finding Father in contempt of court and to pay Mother's costs and expenses related to this petition. Respectfully submitted, O'BRIEN, BARIC & SCHERER &WW Michael A. Scherer, Esquire #61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Petition for Civil Contempt For Disobedience of Custody Order Pursuant to Rule 1915.12 are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. June E. Keeseman Date: November 30, 2004 JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on December 1, 2004, I, Tina N1. Ascani, Secretary, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Civil Contempt For Disobedience of Custody Order Pursuant to Rule 1915.12 , by first class U.S. mail, postage prepaid, to the party listed below, as follows: James G Nealon Iii Es-,q Nealon & Grover Pc 2411 N Front St Harrisburg Pa 17110 Tina M. Ascani, Secretary r-a \ C?ll ` cli ? j ?`1 JUNE E. KEESEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. STRAUSBAUGH DEFENDANT 04-3775 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 09, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ]Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 14, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours pri'Dr to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. mhc 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-, r. ? ? _ - ? ? Y? ;i iv? .,? ..:?. JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered iinto the day and year hereinafter set forth, by and between June E. Keeseman (hereinafter referred to as "mother") and Michael A. Strausbaugh (hereinafter referred to as "father"). WHEREAS, the parties are the natural parents of Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994 (hereinafter referred to as "children"); and, WHEREAS, the parties are separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have shared legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children as follows: a. During the school year, on alternating weekends from Friday at 6:00 p.m until Sunday at 7:00 p.m. If the children are involved in a school activity on Friday afternoon, mother will coordinate with father to delay the exchange on Friday evening to enable the children to participate in their respective activities. b. During summer vacation from school, on alternating weeks from Wednesday at 6:00 p.m. until Sunday at 8:00 p.m. 4. The parties shall share custody of the children on major holidays as agreed between the parties from time to time. 5. The parties will cooperate and adjust the exchanges as needed to permit the children to enroll in church and school activities. 6. The parties shall exchange custody of the children at Wal-Mart in Carlisle, Pennsylvania. 7. The parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the other party. 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 9. The parties acknowledge that they have read and understand the provisions of this Agreement. ,I IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITN S: Pl- L"" ? .y1?v I June E. Keeseman Date: °Z°z &1-5 , 2005 /" 4 04 z Z, ? e?-? Michael A. Strausba g Date: i? `:?J - 0--> , 2005 --- da.,.#?...ncrfNkppsemanicustody.stp N ?t? ? n ?'F p T i 00 RECEIVED JUL 13 2005 JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2005, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following children: Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994 (hereinafter referred to as 'children"). 1. All prior Orders in this case are vacated. 2. The parties, June E. Keeseman (hereinafter "mother") and Michael A. Strausbaugh (hereinafter "father") shall have shared legal custody of the children. 3. Mother shall have primary physical custody of the children. 4. Father shall have partial physical custody of the children as follows: a. During the school year, on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. If the children are involved in a school activity on Friday afternoon, mother will coordinate with father to delay the exchange on Friday evening to enable the children to participate in their respective activities, b. During summer vacation from school, on alternating weeks from Wednesday at 6:00 p.m. until Sunday at 8:00 p.m. 5. The parties shall share custody of the children on major holidays as agreed between the parties from time to time. 6. The parties will cooperate and adjust the exchanges as needed to permit the children to enroll in church and school activities. 7. The parties shall exchange custody of the children at Wal-Mart in Carlisle, Pennsylvania. 8. The parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the r party. THE COU Edward E. Guido, J. f (I,- 1Ct? 50i1Z tl I SRECEIVEU JUL 212005 .TUNE E. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MICHAEL A. STRAUSBAUGH, : NO. 2004-3775 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of July, 2005, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. HH ert?+ Esquire Y Custody Conciliator J', V JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF PURSUANT TO PA.R.C.P. 1915.13 AND NOW, comes June E. Keeseman, by and through her attorney, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, and respectfully represents as follows: 1. Plaintiff is June E. Keeseman (hereinafter referred to as "Mother"), an adult individual residing at 193 Quigley Road, Newburg, Cumberland County, Pennsylvania, 17240-9372. 2. Defendant is Michael A. Strausbaugh (hereinafter referred to as "Father"), an adult individual residing at 524 East Walnut Street, Hanover, York County, Pennsylvania 17331. 3. The parties are the natural parents of Jessica M. Strausbaugh, born June 12, 1991, and Michael A. Strausbaugh, Jr., born June 9, 1994, (hereinafter referred to as "Children") 4. The parties are governed by a July 14, 2005 Order of Court, attached hereto as "Exhibit A", relative to the custody of the children. 5. Father has partial physical custody on alternating weekends and during summer vacation from school pursuant to the July 14, 2005 custody order. 6. Recently, Father has been faced with a great deal of stress in his life as a result of an unstable marriage and inconsistent employment, which has had a deleterious affect on the children. 7. Until recently, Father had resided with his wife Ginger and her child Nevaeh. On or about November 11, 2005, Father moved all of his possessions from his home with Ginger, only to return to the home with his possessions a short time later. 8. At the end of December, 2005, Ginger lost custody of her son Nevaeh for something Father must have done because Ginger was only able to see Nevaeh in Father's absence. 9. On or about January 6, 2006, Father moved all of his items back out of the home he shared with Ginger and the children had a tumultuous visit with Father that weekend because when Mother received the children back on January 8, 2006, Jessica, the fourteen year old child, said "I'm never fu----- going back there again." 10. In response to Mother's concerns about Father being late for an exchange, Father remarked to Mother, while in the presence of the children, the Father was going to "lay someone out, or have someone lay someone out for me." 11. On January 21, 2006, Jessica, the fourteen year old child, called Mother while in Father's custody. Jessica was at a local hospital because Father was trying to have Ginger committed to the mental health ward of the hospital due to alleged mental illness. 12. Father has told Jessica that he will make her go to court to try to get Ginger in trouble. This statement has caused Jessica a great deal of anxiety. 13. Father is presently living with his parents at 524 East Walnut Street, Hanover, PA 17331, however, Mother believes that Father will be unable to remain there for a long period of time. 14. The children have been in counseling with Dr. Steven J. Overcash since October, 2004 relative to the various issues in their lives arising from the separation of their parents and typical issues which follow. 15. Attached hereto as "Exhibit B" is a letter dated January 10, 2006 from Dr. Overcash recommending that Father's periods of physical custody be suspended until a later time to protect the children. 16. Mother believes it is in the children's best interest to follow the advice of Dr. Overcash. 17. Undersigned counsel is simultaneously hereto filing a Petition To Modify Custody. 18. Father is represented by James Nealon, Esquire, who opposes the relief requested herein. WHEREFORE, Mother respectfully requests that Father's periods of partial physical custody be suspended pending further Order of Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Keeseman\erergencymlief. pet I r . ?t JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant RECEIVED JUL 13 2005''• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this ?_ day of , 2005, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following children: Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994 (hereinafter referred to as "children"). 1. All prior Orders in this case are vacated. 2. The parties, June E. Keeseman (hereinafter "mother") and Michael A. Strausbaugh (hereinafter "father") shall have shared legal custody of the children. 3. Mother shall have primary physical custody of the children. 4. Father shall have partial physical custody of the children as follows: a. During the school year, on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. If the children are involved in a school activity on Friday afternoon, mother will coordinate with father to de!ay the exchange on Friday evening to enable the children to participate in their respective activities. b. During summer vacation from school, on alternating weeks from Wednesday at 6:00 p.m. until Sunday at 8:00 p.m. 5. The parties shall share custody of the children on major holidays as agreed between the parties from time to time. EXHIBIT "A" r 6. The parties will cooperate and adjust the exchanges as needed to permit the children to enroll in church and school activities. 7. The parties shall exchange custody of the children at Wal-Mart in Carlisle, Pennsylvania. 8. The parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the r party. THE COU Edward E. Guido, J. mUE COPY FROM RECORL) in TWImony mad, I tore unto set"hand a W the of said QW? W cairwe Pa. This l9 i, day `?`? ? ' Prothonotary Dr. Stephen J. Overcash Consulting & Clinical Psychologist 166 South Main Street Chambersburg, PA 17201 Phone: 717-263-9471 Fax: 717-263-5133 January 10, 2006 Michael Scherr 19 West South Street Carlisle, PA 17013 Re: Jessica Strausbaugh DOB: 6/12/91 Michael Strausbaugh DOB: 6/9/94 email: doco@innemet.net Website: www.innemet.net/doco Dear Mr. Scherr; I have had the opportunity of working with both Jessica and Michael Strausbaugh on a regular basis since October, 2004. They have gone through a lot over the past few years including poor living conditions, observing violent behavior in adults, the separation and divorce of their parents, the remarrying of both their parents and and involved custody battle. Their current situation is that their mother has primary custody and their father has regular visitation at his home with them. However, this past weekend (during their weekend with their father), they were placed in a very unstable and verbally violent environment at their father's home. His father apparently is losing his home due to a legal situation and an apparent divorce. These children have been under enough stress and are currently at their "wits end." For the last few months, they have been settling down and doing well at their mother's home and at school, but this weekend has put their stability in jeopardy . It is my professional opinion that, for the time being, custody visitation with their father should be eliminated until his home and relationships are stabilized. This action should not be seen as a punishment to the father, but as an action to protect Jessica and Michael from being placed in a situation of significant stress of which they do not need to experience or be part of In their life at this time. If you have any questions, please do not hesitate in calling me at my office. Sincerely, ?4' Stephn J. vercash, Ed.D. Consulting & Clinical Psychologist ? Board Certified in Neurofeedback Therapy, NCB Diplomate ? Board Certified in Biofeedback Therapy, BCIA Senior Fellow ? Certified by the National Register of Health Service Providers in Psychology since 08/01/77 ? Board Certified in Learning & Developmental Disorders, ALDD Fellow ? Board Certified in Disability Analysis, ABDD Diplomate ? • EXHIBIT "B" ' JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Petition For Emergency Relief pursuant to Pa.R.C.P. 1915.14 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. ?a9 Date: January 2006 'Nt pp,Q,L/iy, June E. Keeseman JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on February 10, 2006, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Petition For Emergency Relief pursuant to Pa. R.C.P..§ 1915.13, by first class U.S. mail, postage prepaid, to the party listed below, as follows: James G. Nealon III, Esquire Nealon & Grover, PC 2411 North Front Street Harrisburg, Pennsylvania 17110 Michael A. Strausbaugh 524 East Walnut Street Hanover, Pennsylvania 17331 Andrea M. Barrick, Secretary n ? ? ? --?, ?' -c ? `r'` ? JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is June E. Keeseman, (hereinafter referred to as "Mother"), who is an adult individual residing at 193 Quigley Road, Newburg, Cumberland County, Pennsylvania, 17240-9372. 2. The Respondent is Michael A. Strausbaugh, (hereinafter referred to as "Father"), who is an adult individual residing at 524 East Walnut Street, Hanover, York County, Pennsylvania 17331. 3. The parties are the natural parents of Jessica M. Strausbaugh, born June 12, 1991, and Michael A. Strausbaugh, Jr., born June 9, 1994, (hereinafter referred to as "Children"). 4. The parties are governed by a July 14, 2005 Order of Court, attached hereto as "Exhibit A", relative to the custody of the children. 5. Father has partial physical custody on alternating weekends and during summer vacation from school pursuant to the July 14, 2005 custody order. 6. Recently, Father has been faced with a great deal of stress in his life as a result of an unstable marriage and inconsistent employment, which has had a deleterious affect on the children. 7. Until recently, Father had resided with his wife Ginger and her child Nevaeh. On or about November 11, 2005, Father moved all of his possessions from his home with Ginger, only to return to the home with his possessions a short time later. 8. At the end of December, 2005, Ginger lost custody of her son Nevaeh for something Father must have done because Ginger was only able to see Nevaeh in Father's absence. 9. On or about January 6, 2006, Father moved all of his items back out of the home he shared with Ginger and the children had a tumultuous visit with Father that weekend because when Mother received the children back on January 8, 2006, Jessica, the fourteen year old child, said "I'm never fu_ _ ing going back there again." 10. In response to Mother's concerns about Father being late for an exchange, Father remarked to Mother, while in the presence of the children, the Father was going to "lay someone out, or have someone lay someone out for me." 11. On January 21, 2006, Jessica, the fourteen year old child, called Mother while in Father's custody. Jessica was at a local hospital because Father was trying to have Ginger committed to the mental health ward of the hospital due to alleged mental illness. 12. Father has told Jessica that he will make her go to court to try to get Ginger in trouble. This statement has caused Jessica a great deal of anxiety. 13. Father is presently living with his parents at 524 East Walnut Street, Hanover, PA 17331; however, Mother believes that Father will be unable to remain there for a long period of time. 14. The children have been in counseling with Dr. Steven J. Overcash since October, 2004 relative to the various issues in their lives arising from the separation of their parents and typical issues which follow. 15. Attached hereto as "Exhibit B" is a letter dated January 10, 2006 from Dr. Overcash recommending that Father's periods of physical custody be suspended until a later time to protect the children. 16. Mother believes it is in the children's best interest to follow the advice of Dr. Overcash. 17. Father is represented in this matter by James Nealon, Esquire, who opposes the relief requested herein. WHEREFORE, Mother respectfully requests that Father's periods of partial physical custody be suspended pending further Order of Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER ?lk ? - ' Mi ael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Keeseman\modity.pet RECEIVED JUL 13 2005' JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _et day of , 2005, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following children: Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994 (hereinafter referred to as "children"). 1. All prior Orders in this case are vacated. 2. The parties, June E. Keeseman (hereinafter "mother") and Michael A. Strausbaugh (hereinafter "father") shall have shared legal custody of the children. 3. Mother shall have primary physical custody of the children. 4. Father shall have partial physical custody of the children as follows: a. During the school year, on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. If the children are involved in a school activity on Friday afternoon, mother will coordinate with father to delay the exchange on Friday evening to enable the children to participate in their respective activities. b. During summer vacation from school, on alternating weeks from Wednesday at 6:00 p.m. until Sunday at 8:00 p.m. 5. The parties shall share custody of the children on major holidays as agreed between the parties from time to time. EXHIBIT "A" 6. The parties will cooperate and adjust the exchanges as needed to permit the children to enroll in church and school activities. 7. The parties shall exchange custody of the children at Wal-Mart in Carlisle, Pennsylvania. 8. The parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the r party. THE COU Edward E. Guido, J. TRUE COPY FROM RECORU in ToWniony whereof, I here unto set my hand and the ? of said at Czriisle?Pa.? r -- ' proMonaterv Dr. Stephen J. Overcash Consulting & Clinical Psychologist 166 South Main Street Chambersburg, PA 17201 Phone: 717-263-9471 Fax: 717-263-5133 January 10, 2006 Michael Scherr 19 West South Street Carlisle, PA 17013 Re: Jessica Strausbaugh DOB: 6/12/91 Michael Strausbaugh DOB: 6/9/94 email. docoiPinnemet.net Website: www.innemet.net/doco Dear Mr. Scherr; I have had the opportunity of working with both Jessica and Michael Strausbaugh on a regular basis since October, 2004. They have gone through a lot over the past few years including poor living conditions, observing violent behavior in adults, the separation and divorce of their parents, the remarrying of both their parents and and involved custody battle. Their current situation is that their mother has primary custody and their father has regular visitation at his home with them. However, this past weekend (during their weekend with their father), they were placed in a very unstable and verbally violent environment at their father's home. His father apparently is losing his home due to a legal situation and an apparent divorce. These children have been under enough stress and are currently at their "wits end." For the last few months, they have been settling down and doing well at their mother's home and at school, but this weekend has put their stability in jeopardy . It is my professional opinion that, for the time being, custody visitation with their father should be eliminated until his home and relationships are stabilized. This action should not be seen as a punishment to the father, but as an action to protect Jessica and Michael from being placed in a situation of significant stress of which they do not need to experience or be part of In their life at this time. If you have any questions, please do not hesitate in calling me at my office. Sincerely, Step n J. vercash, Ed.D. Consulting & Clinical Psychologist ? Board Certified in Neurofeedback Therapy, NCB Diplomate ? Board Certified in Biofeedback Therapy, BC1A Senior Fellow ? Certified by the National Register of Health Service Providers in Psychology since 08/01/77 ? Board Certified in Learning & Developmental Disorders, ALDD Fellow ? Board Certified in Disability Analysis, ABDD Diplomate EXHIBIT "B" ' JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Petition tb Modify Custody pursuant to Pa.R.C.P. 1915.14 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. ?a9 Date: January 2006 1^ June E. Keeseman JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on February 10, 2006, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: James G. Nealon III, Esquire Nealon & Grover, PC 2411 North Front Street Harrisburg, Pennsylvania 17110 Michael A. Strausbaugh 524 East Walnut Street Hanover, Pennsylvania 17331 Andrea M. Barrick, Secretary \` Q c? ?G? -•,.. 1 " .? ? 6( ??"? W C<+ 1 r`' ['J -it -1 ... -'n _ C -ice j il'__ ? 1 ? 1 it C.» ? ? A 1 :i. M1 JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this /0 day of (F 2006, upon consideration of the within Petition For Emergency Relief Pursuant To Pa.R.C.P. / 1915.13, a hearing is set in this matter for ? the ? d y of A,* 2006 atr?3d in Courtroom No. S of the Cumberland County Courthouse, Carlisle, Pennsylvania. COURT, BY T Edward E. Guido. J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 James G. Nealon III, Esquire Nealon & Grover, PC 2411 North Front Street Harrisburg, Pennsylvania 17110 r .n. tea t?t o-,,{c]. 7 JUNE E. KEESEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3775 CIVIL ACTION LAW MICHAEL A. STRAUSBAUGH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _ Thursday, February 16, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Friday, March 24, 2006 at 9:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy E, sq. 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 hl ? ? V. C r - JUNE E. KEESEMAN, Plaintiff v. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3775 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of February, 2006, after consultation with counsel, and by agreement of the parties, our prior order of July 14, 2005, is amended to provide that Father's period of alternating weekend visitation shall be from Saturday at noon until Sunday at 4:00 p.m. In all other respects, our prior order shall remain in full force and effect. In addition, the parties shall abide by the following provisions: 1. The daughter shall return her cell phone to Father, who will maintain possession of it or cancel the contract as he sees fit. 2. Father shall be entitled to telephone contact with the children on Tuesday and Thursday evenings between 8:30 p.m. and 9:00 p.m. and on the Saturdays he does not have custody between noon and 12:30 p.m. 3. Father shall complete the Kids First workshop offered in York County. This shall be completed by the conciliation conference, if at all practical. In any event, it shall be completed before any hearing is scheduled before this Court. We note that this is a temporary order only and in no way shall affect the substantive rights of either party at the upcoming conciliation or any eventual hearing before this Court. 'r Michael A. Scherer, Esquire O'Brien, Baric & Scherer For the Plaintiff Sarah Brown, Esquire Nealon & Grover, PC For the Defendant srs _ ? ?. _{ ? {. ..d ? ..... ... i 1. ;?,. ??? -:?,. RECFIV D MAR 2 ? ?OOb JUNE E. KEESEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL A. STRAUSBAUGH, Defendant NO. 04-3775 IN CUSTODY COURT ORDER CIVIL ACTION - LAW AND NOW, this day of March, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 3 of the Cumberland County Courthouse on the 01 day of 2006 at /• o V . )0. m. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they proceed without counsel, shall file with this Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify at the hearing on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of July 14, 2005 as amended by Order of February 22, 2006 shall remain in effect. COURT, Edward E. Cc: ,Michael Scherer, Esquire I Michael A. Strausbaugh arah Brown, Esquire J Sao Judge ,, qi,r J . ?Z?;' ?y ' ? ? i (? ? , JUNE E. KEESEMAN, Plaintiff Vs. MICHAEL A. STRAUSBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3775 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jessica M. Strausbaugh, born June 12, 1991 Michael A. Strausbaugh, Jr., born June 9, 1994 2. A Conciliation Conference was held on March 24, 2006 with the following individuals in attendance: The Mother, June E. Keeseman, with her counsel, Michael Scherer, Esquire The Father, Michael A. Strausbaugh, who appeared without counsel 3. There is an existing Order from July of 2005 which was recently modified by Order of February 22, 2006. The modified Order was done pursuant to an agreement reached by the parties after the Mother had filed a petition to cut back on Father's time of temporary custody with the minor children. 4. Father indicates at the conciliation conference that he wants additional time and he suggests that the children have even on occasion indicated they wanted to live with him. Mother, however, suggests that there is a counselor who will verify that the children are having severe difficulties in dealing with the Father for a variety of reasons and that the Father's time with the children should be limited. 5. The parties cannot agree upon the entry of an Order and a hearing is required. The hearing should take no more than one day. 6. The Conciliator recommends an Order in the form as attached. Date: March 2006 Hubert X. Gilroy, Custody Concilial JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Michael A. Scherer, Esquire, attorney for June E. Keeseman, and respectfully represents as follows: 1. Mother, June E. Keeseman, is represented by Michael A. Scherer, Esquire. 2. Father, Michael A. Strausbaugh, is represented by Sarah Brown, Esquire, of Nealon, Grover & Perry. Attorney Brown is attorney of record; however, she did not appear at the most recent custody conciliation. 3. A hearing has been set in this matter for April 26, 2006 at 1:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse. 4. Undersigned counsel has been scheduled for an adoption hearing in Courtroom No. 1 of the Cumberland County Courthouse at 1:30 p.m. 5. Undersigned counsel contacted Sarah Brown, Esquire, regarding this request but has not heard back from her at this time. WHEREFORE, undersigned counsel respectfully requests this Honorable Court to continue the custody hearing in this matter due to conflict in undersigned counsel's schedule. Respectfully submitted, O'BRIEN, BARIC & SCHERER 2IZ4 U icha I A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on February 10, 2006, I, Tina M. Ascani, of O'Brien, Baric & Scherer, did serve a copy of the Motion for Continuance pursuant to Pa. R.C.P.A.§1915.13, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Sarah Brown, Esquire Nealon, Grover & Perry 2411 North Front Street Harrisburg, Pennsylvania 17110 ('. m. Cam Tina M. Ascani, Secretary _ ''? `?s JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COM ? CUMBERLAND COUNTY. PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this day of April, 2006, upon consideration of the within Motion for Continuance, the motion is granted. The custody hearing in this action is rescheduled to the 14C day of _, 2006 at I : 00 t.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ,ilichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street J Carlisle, Pennsylvania 17013 48'arah Brown, Esquire Nealon, Grover & Perry 2411 North Front Street Harrisburg, Pennsylvania 17110 oa"? Edward E. Guido, J. it JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY STIPULATION OF COUNSEL Counsel agree that the report of Arnold T. Shienvold, Ph.D., dated May 12, 2005 may be admitted into evidence by the Court at the upcoming custody hearing in this matter without calling Dr. Shienvold as a witness. Respectfully submitted, O'BRIEN, BARIC & SCHERER 0 Date: April 2006 Michael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for June Keeseman NEALON, GOVER & PERRY arah Bro n, Esquire Date: April ( '2006 Nealon, Gover & Perry 2411 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Michael Strausbaugh ,, ,' ; ?, ..,, v JUNE E. KEESEMAN, Plaintiff Vs. MICHAEL A. STRAUSBAUGH, Defendant TO THE PROTHONOTARY: : IN THE COURT OF CUMBERLAND CO NO. 2004-3775 CIVI CIVIL ACTION - LA IN CUSTODY PRAECIPE Please withdraw the undersigned's appearance Defendant, Michael A. Strausbaugh, with regard to the NEALON Date: V a tt to By: Sarah J. Brown I. D. # 200614 2411 North Fro Harrisburg, PA 717/232-9900 Please enter my appearance pro se, with regard to the A. DMMON PLEAS 4TY, PENNSYLVANIA TERM filed on behalf of the ioned matter. Esquire t Street 17110 matter. Date: t CERTIFICATE OF SERVICE AND NOW, this a Y day of May, 2006, 1 hereby foregoing Praecipe on the following by depositing a true and United States mail, postage prepaid, addressed to: Michael A. Scherer O'Brien Baric & Scherer 17 W. South Street Carlisle, PA 17013 G. that I have served the copy of same in the U. nl c> ? c, l L. .a 'C7 1 ? JG rlj JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1st day of June, 2006, hearing in this matter is continued to Monday, July 3, 2006, at 2:45 p.m., at which time we will hear from Dr. Overcash and talk to the children in chambers. Pending said hearing, our Order of July 14, 2005, shall control, modified as follows: 1. Father's period of partial physical custody with the children shall be every other weekend from Friday at 6:00 p.m. until Sunday at 4:00 p.m. 2. Father shall be entitled to telephone contacts with the children on Tuesday and Thursday evenings between 8:30 p.m. and 9:00 p.m., and on the Saturdays he does not have custody between noon and 12:30 p.m. 3. The daughter, shall not have a cell phone except when she's in father's custody unless otherwise agreed to by the parties or ordered by this Court. 4. Father shall not consume any alcoholic beverages during his periods of partial custody. In all other respects, our Order of July 14, 2005, shall control. By the Court, Edward E. Guido, J. r >">t At? i ! f i i; !. 1 ,I oz 'A 1 10 Michael A. Scherer, Esquire ??O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 For the Plaintiff chael A. Strausbaugh u/i 417 West Middle Road V Gettysburg, PA 17325 Defendant, Pro se srs ?. i l? yam. r JUNE E. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2004-3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of July, 2006, after hearing, the Order of Court is directed as follows: 1. All prior orders are vacated. 2. The parties June E. Keeseman (hereinafter "mother") and Michael A. Strausbaugh (hereinafter "father") shall have legal custody of Jessica A. Strausbaugh, born June 12, 1991, and Michael A. Strausbaugh, Jr., born June 9, 1994. 3. Mother shall have primary physical custody of the children. 4. Father shall have partial physical custody of the children as follows: A. During the summer vacation every other Thursday from 6:00 p.m. until Sunday at 8:00 p.m. B. During the school year every other Friday from 6 p.m. until Sunday at 4:00 p.m. 5. Father shall be entitled to telephone contacts with the children on Tuesday and Thursday evening between 8:30 p.m. and 9:00 p.m. and on the Saturdays he does not have custody between noon and 12:30 p.m. 6. Parties shall share custody of the children on major holidays as agreed between them. 7. Father shall make sure that Jessica takes all prescribed medications while in his care and custody. 8. Parties shall exchange custody at the McDonalds on Route 997 in Chambersburg/Shippensburg 9. The daughter may have a cell phone when she's in Father's custody, but she may not have it while in Mother's custody unless agreed to by the parties or ordered by this Court. 10. The Father shall not consume any alcoholic beverages during his periods By artial custody. Edward E. Guido, J. ?Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 For the Plaintiff /Michael A. Strausbaugh v 417 West Middle Road Gettysburg, PA 17325 Defendant, Pro Se :mlc D110 O ??!"b ??? r I d .' ... .+ S 1??s ?- ? ..,?"?}? ,?.. n JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION FOR REIMBURSEMENT OF COSTS AND FEES AND NOW, comes the Plaintiff, June E. Keeseman, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. June E. Keeseman (hereinafter referred to as "Mother"), is an adult individual who resides at 193 Quigley Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Michael A. Strausbaugh (hereinafter referred to as "Father") is an adult individual who had been represented in this matter by James Nealon, Esquire. 3. A custody hearing was scheduled in this matter for June 1, 2006, and Mother desired to call Steven Overcash, Ph.D., a licensed psychologist who is the counselor of the children, as an expert witness at the June 1, 2006 hearing. 4. When undersigned counsel received the Order scheduling the hearing, Dr. Overcash was promptly notified of the date and time of the hearing and replied that he was out of the country on that date. 5. Undersigned counsel contacted this Honorable Court's chambers to seek a new date for the hearing and was directed to take Dr. Overcash's deposition and submit it at the June 1, 2006 custody hearing in lieu of live testimony. 6. On May 11, 2006, undersigned counsel faxed Father's attorney of record, James G. Nealon, III, Esquire, a letter confirming the date, time and place of Dr. Overcash's deposition. The May 11, 2006 letter is attached as "Exhibit A." 7. Undersigned counsel never heard from Father's counsel that the deposition time and date were not possible for Father's counsel to attend. 8. Father's counsel did not appear at the May 17, 2006 deposition of Dr. Overcash, despite being counsel of record. 9. Pages 3, 4 and 5 of Dr. Overcash's deposition detail the absence of Father's attorney at the deposition. Pages 3, 4 and 5 of Dr. Overcash's deposition are attached as "Exhibit B." 9. Father's counsel withdrew from this case on or about May 26, 2006, one week prior to the custody hearing. 10. At the June 1, 2006 hearing, the Court scheduled a subsequent hearing for July 1, 2006, in part because of the issue of Dr. Overcash having been deposed without Father or his counsel present. 11. Undersigned counsel provided Father with a copy of the deposition transcript at the June 1, 2006 hearing with instructions to advise undersigned counsel if the deposition transcript could be admitted at the July 3, 2006 hearing. 12. On June 5, 2006, undersigned counsel wrote Father a letter reiterating that fact that Dr. Overcash would be required to return to Court if the deposition transcript could not be used. A copy of the letter is attached hereto as "Exhibit C". 13. At the July 3, 2006, Father refused to allow the deposition transcript to be admitted and required the live testimony of Dr. Overcash. 14. Mother wasted funds on the entire deposition process that would not have been wasted had counsel of record appeared at the deposition of Dr. Overcash. 15. Mother paid the court reporter $131.90 for the deposition transcript, $400.00 for undersigned counsel to travel to Chambersburg to depose Dr. Overcash, and she paid Dr. Overcash $150.00 relative to Dr. Overcash sitting for the deposition. 16. James Nealon, Esquire was contacted regarding this matter on July 24, 2006. As of today's date, I have not received a response. WHEREFORE, Mother respectfully requests that this Honorable Court direct Father's counsel to reimburse Mother the sum of $681.90 in connection with Mother having needlessly spent those sums to depose Dr. Overcash. Respectfully submitted, O'BRIEN, BARIC & SCHERER w 6 icha I AA. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attomey for Plaintiff Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 FAX (717) 249-5755 email: mscherer(a,obslaw.com May 11, 2006 VIA FACSIMILE: (717) 236-9119 James G. Nealon, III, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, Pennsylvania 17110 RE: Keeseman v. Strausbauah Dear Jim: You haven't returned my calls regarding this case. Dr. Overcash cannot personally appear at the custody hearing and Judge Guido has directed that I depose Dr. Overcash. Having not heard back from you, I scheduled the deposition for Wednesday, May 17, 2006 at 9:00 a.m. at his office located at 166 South Main Street, Chambersburg, Pennsylvania. Very truly yours, O'BRIEN, BARIC & SCHERER MAS/jl cc: June Keeseman File mas.dir/domestic/keeseman/nealon11.ltr Michael A. Scherer, Esquire EXHIBIT "A" June E. Keeseman v. Michael A. Strausbaugh Condensd " 5/17/06 Dep of Stephen Overcash, Ph.D. s Page 1 Page 3 1 JUNE E. XEESEMAN, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA 1 MR. SCHERER: My watch says it's about 2 vs. NO. 2004-3775 CIVIL TERM 2 9:25 a.m. And yesterday, which was May 16, 2006, I hadn't 3 CIVIL ACTION - LAN MICHAEL A. STRAUSBAUGH, IN CUSTODY 3 heard from Michael Strausbaugh's attorney. So I felt it 4 Defendant. 4 important to contact that office to make sure that they 5 5 were aware of today's deposition. 6 6 Attorney Sarah Brown had previously handled 7 7 this case. I understood that she was leaving the office e 8 and Mr. Nealon was going to represent Mr. Strausbaugh. I 9 Deposition of: STEPHEN OVERCASH, Ph.D. 9 contacted Mr. Nealon's office and I wasn't able to speak 10 Taken by: Plaintiff 10 With him, but I did speak with his secretary who confirmed 11 Before: Jan L. Bucher court Reporter-Notary 11 that Mr. Nealon did have this deposition on his calendar 12 Date: Wednesday, May 17, 2006 12 this morning for May 17 at 9:00. 13 at 9:25 a.m. 13 She left a message for Mr. Nealon to call me. 14 Place: Stephen Overcash, Ph.D. 166 South Main Street 14 1 had appointments the rest of the afternoon. I got my 15 Chambersburg, Pennsylvania 15 messages around 4:15 p.m., and I had one from Mr. Nealon's 16 16 secretary asking if Mr. Nealon could participate this 17 17 morning by telephone. le 19 18 I called back and I spoke -- excuse me. I got 20 APPEARANCE: 19 Mr. Nealon's secretary's voice mail because she was gone 21 O'BRIEN, BARIC i SCHERER 20 for the day. And I indicated that it would be fine by me 22 BY: MICHAEL SCHERER, ESQUIRE FOR - PLAINTIFF 21 for him to participate by Phone, but he'd better check 23 24 COPY 22 with Dr. Overcash's office to mke sure that he had that 23 capability. 25 24, Neither Mr. Nealon or Ms. Brown are here this 25 morning. And I'd like to ask Dr. Overcash after he's been Page 2 Page 4 1 I N D E X 1 sworn in to explain what happened this morning here in his 2 WITNESS DIRECT CROSS REDIRECT RECROSS 2 office. 3,: r. Stephen Overcash 4 -- -- -- 3 4 4 STEPHEN OVERCASH, Ph.D., called as a witness, 5 having been duly sworn, was examined and testified as 6 follows: 7 DIRECT EXAMINATION 8 BY MR. SCHERER: 9 Q Can you tell us your name and your business 1 EXHIBITS n 10 address, please? I.. NO. DESCRIPTION PAGE 11 A Dr. Stephen, S-t-e-p-h-e-n, Overcash, 12 (None.) 12 O-v-e-r-c-a-s-h. I'm a clinical psychologist in the State 13 13 of Pennsylvania. My address is 166 South Main Street, 14 14 Chambersburg, Pennsylvania 17201. 1s 15 Q And are you licensed in the State of 16 16 Pennsylvania in clinical psychology? 17 17 A In psychology -- that's all they have -- yes, I u 18 am, since 1977. 19 Q Can you tell us this morning what happened with 20 regard to contact from Attorney Sarah Brown's office which ' 21 is also Attorney Nealon s office? ?= 22 A Yes, sir. I had had a call at 8:15 this 23 23 morning from Sarah Brown's secretary asking me to call her 4 24 back as soon as I could. And I was seeing a patient, 25 however, and could not do so. About 10 or 12 minutes »m L. Bucher - Court Reporter (717)243-4447 Page 1 _ Page 4 EXHIBIT "B" June E. Keeseman v. Michael A. StrausbauRh Condenselt- 5/17/06 Dev of Page 5 1 later Sarah Brown herself called on the phone and said 2 that she was still in Harrisburg and wondered if it would 3 be okay if we had a speaker phone and that she could do 4 this by telephone. 5 I called her back just after 9:00 -- or I 6 called the office back and asked to speak to either one of 7 them. Neither were available. And the secretary then 8 asked, which was not Debbie, asked if I wanted to leave a 9 voice mail and I did. And I said that I did not know that 10 she was going to be here today and that I did get the I 1 voice mail from her secretary a few minutes earlier asking 12 about the speaker phone and also from her. 13 And I don't really have that capability here in 14 my office. So I said that we'd be going on with the 15 deposition as previously planned. 16 Q Thank you. Can you tell me briefly about your 17 educational background? 18 A I have a bachelor's degree in biology and 19 psychology from Dickinson College, graduating in '68, 20 1968. I have a master's degree from University of 21 Delaware in 1973 in clinical and counseling psychology. 22 And I have a doctorate in counseling and clinical 23 psychology from the University of Virginia in 1974. 24 I had a supervised internship at Cumberland 25 Valley Mental Health Center after that and got my license Page 6 1 in 1977. I spent three years as the chief psychologist at 2 the Cumberland Valley Mental Health Center. And for the 3 last 29 years after that I have been in private practice 4 in Chambersburg, Pennsylvania, in the general practice of 5 clinical psychology. 6 Q Can you estimate for me approximately how much 7 of your practice deals with juveniles or people under the 8 age of 18? 9 A I would say about half. 10 MR. SCHERER: Okay. I would like to offer 11 Dr. Overcash as an expert in clinical psychology. 12 BY MR. SCHERER: 13 Q You are familiar with Jessica and Michael 14 Strausbaugh; is that right? 15 A Yes, I am. 16 Q And what do you call Michael? I know his 17 mother calls him Mikey so that he's not confused with his 18 dad who's also Michael. 19 A Mike. 20 Q You call him Mike. Okay. Let's startwith 21 Jessica. When did you begin or when did you get to know 22 her? 23 A 12/20/04 was the first appointment that I had 24 with both of the children. I currently see them every two 25 to three weeks since then. And I see them both at the Ph.D. Page 7 I same time due to the fact that -- I mean, not together, 2 but -- I see them separately but I see them in my office 3 back to back essentially or together, if necessary, every 4 two to three weeks due to the fact that they have to drive 5 so far. 6 Q Okay. Do you know whether or not they were 7 referred by an agency or whether it was the decision of 8 their mother to bring them here? 9 A No, I don't. I think she was -- I think she 10 found my name in the directory and contacted me concerning I1 that. 12 Q Okay. And do you know if -- I mean, we're 13 talking about the kids together at this point. If at some 14 point the issues diverge on the kids and we're talking 15 about one or the other, please let me know. 16 A Sure. 17 Q Can you tell me why the children were brought 18 to see you? 19 A Basically they've had a pretty rough childhood 20 from what I can gather in their history. I believe that 21 the parents, obviously, were married and lived together 22 for a period of time. I don't know how many years. But 23 at one point there was a lot of -- appeared to be a lot of 24 violence and money problems. 25 And they actually lived in a shelter for a Page 8 1 period of time that both of the kids have talked to me 2 about. At some point due to court hearings and so on the 3 mother got primary residential custody and visitation 4 would occur with the father. And they do live in 5 different counties and it's quite a distance for those 6 changeovers to occur. And that continued for a period of 7 time. 8 And there were lots of problems in the 9 interaction between the genetic mother and genetic 10 father. The genetic mother at some point married, had 11 a -- is now married to a second husband. And they have a 12 home outside of the Carlisle, I guess, area. And they go 13 to the Shippensburg School District and they spend every 14 other weekend, I believe, with the father. 15 1 don't think he has ever remarried, but he did 16 live down near the Hanover area. And they would transfer, 17 like, at a halfway point during that time. But there were 18 problems as far as discipline is concerned. And given 19 that kind of background it wouldn't be unusual. 20 And there was a discussion or fight between the 21 two parents because both wanted primary custody. They 22 went to Dr. Arnold Shienvold for a very comprehensive 23 custody evaluation. I know him personally and worked with 24 him for many years and he's probably the best in the area 25 for that. And he did give them a very thorough one. Page 5 = Page 8 Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax: (717) 249-5755 Email: mscherer(aobslaw.com June 5, 2006 Michael A. Strausbaugh 416 West Middle Street Gettysburg, Pennsylvania 17325-2415 RE: Michael Strausbaugh and Jessica Strausbaugh Dear Mr. Strausbaugh: At the custody hearing on June 1, 2006, 1 gave you the deposition transcript of Dr. Overcash. Please let me know whether you agree to the Court receiving this transcript as evidence. If you agree, you will not be able to ask Dr. Overcash any questions. If you do not agree, I will make certain that Dr. Overcash is available for our next court date. Please contact my office as soon as possible regarding this matter. Very truly yours, O'BRIEN, BARIC & SCHERER W?-- Michael A. Scherer, Esquire MAS/ta cc: June E. Keeseman File mas%Domestic%Strausbaugh%strausbaugh.michael.ltr EXHIBIT "C" JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Rule to Show Cause are true and correct to the best of my knowledge, information and belief. This verification is signed by Michael A. Scherer, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. DATE: August 2006 - Michael A. Scherer, Esquire i JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on August 'f , 2006, I, Michael A. Scherer, Esquire, did serve a copy of the Petition For Rule to Show Cause, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James G. Nealon, III, Esquire Nealon & Gover 2411 North Front Street Harrisburg, Pennsylvania 17110 Michael A. Strausbaugh 417 West Middle Street Gettysburg, Pennsylvania 17325-2415 Mich el A' Scherer, Esquire N er, ?? ?i ? W _ --? o _ n ?irn JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of August, 2006, upon consideration of the within Petition For Reimbursement of Costs and Fees, a Rule is hereby issued upon James G. Nealon, Esquire, to show cause, if any there be, why the relief requested in the Petition should not be granted.-'4&.-A M-Z ? 5fA&kS"VN Said rule returnable within L days after service hereof. ,imichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 „dames G. Nealon, III, Esquire J Nealon & Gover 2411 North Front Street Harrisburg, Pennsylvania 17110 Vl Achael A. Strausbaugh 417 West Middle Street Gettysburg, Pennsylvania 17325-2415 Edward E. Guido, J. V!NdAWNN3d ,UNfto7'^n £?Wtia 01 o I I WV 6- OnV 9001 MYIONi Odd 4U d0 Y)H TO In the Court of Common Pleas Cumberland County Civil Action Law June Beeseman Plaintiff Ys Michael Strausbaugh Defendant Civil No. 2004/3775 Response to Petition for Reimbursement of Costs & Fees I, Michael Strausbaugh, Defendant on this 17te day of August, 2006 submit this response to the Plaintiff's petition by objecting to reimbursing any costs incurred to the Plaintiff for services of Steve Overcash, Ph.D. as aforementioned in petition. The Plaintiff requested the services of the psychologist of her own free will and in no accordance with any suggestions by the Defendant. Thus I take no responsibility in these costs and request that the Court find no fault with the Defendant. Respectfully Submitted, G Mc iael Strausbaugh, - - Defendant Z0/Z0 39Vd d31N30 HJnOA 713N" GZZ66OLL14 91:0T 900Z/LT/80 Q T MM s OD JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW, comes June E. Keeseman (hereinafter "Mother"), by and through her attorney, Michael A. Scherer, Esquire, as respectfully represents as follows: 1. A Rule was issued on August 7, 2006 for Michael A. Strausbaugh (hereinafter "Father") and his former attorney, James G. Nealon, III, Esquire, to show cause why either of them should not be required to reimburse Mother for expenses related to the deposition of Dr. Stephen Overcash. 2. The background of the matter is that Dr. Overcash was unavailable for a custody hearing and this Honorable Court directed counsel to depose Dr. Overcash and submit his deposition transcript at the hearing in lieu of live testimony. 3. Despite knowledge of the date and time of the deposition, Father's counsel failed to appear at the deposition. 4. The deposition transpired without Michael Strausbaugh being represented by counsel at the deposition and consequently, this Honorable Court would not permit the deposition transcript to be admitted at the custody hearing in this matter unless Father agreed. Father did not agree since no one was present at the deposition to question Dr. Overcash on Father's behalf. 5. Father's counsel has not filed a response to the August 7, 2006 Rule despite service of the rule on August 16, 2006 (see attached "Exhibit A.") 6. Father filed a response which is attached as "Exhibit B." 7. The expenses for the deposition were as follows: deposition transcript $131.91; counsel fees to travel to Chambersburg to depose Dr. Overcash $400.00; Dr. Overcash fee $150.00; Total $681.90. 8. Mother desires an Order for reimbursement against father's counsel and not father himself as she feels that counsel of record had an obligation to represent father at the deposition and that had counsel appeared there would have been no grounds for the Court or Father to refuse the admission of the deposition transcript. WHEREFORE, Mother respectfully requests this Honorable Court make the Rule issued in this matter on August 7, 2006 absolute and direct that her expenses be reimbursed by Father's former counsel. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/keeseman, June/absolute.pet VERIFICATION I verify that the statements made in the foregoing Petition To Make Rule Absolute 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. Michael A. Scherer, Esquire DATED: 2 3 Law Vices O'BRIEN, BAPIC do SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax: (717) 249-5755 Email: mschererlobslaw_.comm August 16, 2006 James G. Nealon, III, Esquire Michael A. Strausbaugh Nealon & Gover, P.C. 417 West Middle Street 2411 North Front Street Gettysburg, Pennsylvania 17325-2415 Harrisburg, Pennsylvania 17110 RE: Kessema 1 V Strausbauah Dear Mr. Nealon and Mr. Strausbaugh: Enclosed for service upon you, please find the Rule issued by the Honorable Edward E. Guido dated August 7, 2006. Please contact me if you have any questions or concerns. Very truly yours, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire MAS/ta Enclosure cc: June Keeseman (w/enclosure) File maslDomestlclKeesemanlnealon:strausbaugh.ltr EXHIBIT "A" JUNE E. KEESE_ MAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this -day of August, 2006, upon consideration of the within Petition For Reimbursement of Costs and Fees, a Rule is hereby issued upon James G. Nealon, Esquire, to show cause, if any there be, why the relief requested in the Petition should not be granted.4-f4,,A ?4;J "k St/? ?.5 b j In Said rule returnable within ? days after service hereof. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 James G. Nealon, III, Esquire Nealon & Gover 2411 North Front Street Harrisburg, Pennsylvania 17110 Michael A. Strausbaugh 417 West Middle Street Gettysburg, Pennsylvania 17325-2415 rewl I Qt-lo-" 0A 06"L-* TRUEOPY FROM RECORD 10 Tedarnonj whereof, 1 h? unto set my hand .?i?sesl of said Goug4Carlisle, «.y r Edward E. Guido, J. In the Court of Common Pleas Cumberland County Civil Action Law June Keeseman Plaintiff VS Michael Strausbaugh Defendant Civil No. 2004/3775 Response to Petition for Reimbursement of Costs & Fees I, Michael Strausbaugh, Defendant on this 17'' day of August, 2006 submit this response to the Plaintiff's petition by objecting to reimbursing any costs incurred to the Plaintiff for services of Steve Overcash, Ph.D. as aforementioned in petition. The Plaintiff requested the services of the psychologist of her own free will and in no accordance with any suggestions by the Defendant. Thus I take no responsibility in these costs and request that the Court find no fault with the Defendant. Respectfully Defendant EXHIBIT "B" ° "I IM t"-"A Oft AW 0 9D CERTIFICATE OF SERVICE I hereby certify that on August 23, 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire did serve a copy of the Petition To Make Rule Absolute by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James G. Nealon, III, Esquire Nealon, Gover and Perry, P.C. 2411 North Front Street Harrisburg, Pennsylvania 17110 Michael A. Strausbaugh 417 West Middle Street Gettysburg, Pennsylvania 17325 Jen 'f i say c.. ? o -,-? K?.? ?' ?_t..: ?' T rr3r -.. . - ?rr? W l? ? . ??c.? •:. c?a !ern :'^'? ?. ?? ?_' .? .'? Ltsy, JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAOF- Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT 141 AND NOW, this _ day of , 2006, upon consideration of the within Petition To Make Rule Absolute, the Rule issued in this matter on August 7, 2006 is hereby made ABSOLUTE. The law firm of Nealon, Gover and Perry is hereby ordered to pay the Plaintiff, June E. Keeseman the sum of six hundred eighty-one and 90/100 ($681.90) dollars within ten (10) days of the date of this Order to reimburse her for her out of pocket expenses in connection with the deposition of Dr. Stephen Overcash. Edward E. Guido, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 James G. Nealon, III, Esquire Nealon, Gover and Perry, P.C. (o 0?e?.? ,0-- 2411 North Front Street ?Dw Harrisburg, Pennsylvania 17110 Michael A. Strausbaugh 417 West Middle Street Gettysburg, Pennsylvania 17325 ICS ??? a? ??5(t? ?? ?? J. 2 21,_1 US 10 '5 71, 72 '-?5-1 BS PA?3E L; _ JUNE E. KEESE:MAN, Pirirtiff IN THE COURT CAE COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, MICHAEL A. STRAUSSAU' Drwtendant NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY C_°J?3TQDY STIPULATION AND_AGRESMENT THIS AGREE(,,%,-NT AND STIPULATION entered irto the day and year hereinafter set forth. +)y and between June E. KeesPmar. (hereinafter referred to as "mother"') and Micha,.l A. Strausbaurh (hereinafter referred to as "father"). WFIERE S, the parties are the natural parents of lessica M. Strausbaugh; born June 12, 1991 arid Michael A. Strausbaugh, Jr., born June 9, 19' 4 (hereinafter referred to as "children and, WHEREAS, the, parties are separated and living in separate residences; and, WHE;-?EAS, the parties wish to enter into an agreernent relative to the custody of the children NOW `SHE RErCRE, in consideration of the mutual -ovenants, promises and agreements as I°jereiri after set forth, the parties agree as follows, 1. Tne parties shall have shared legal custody of the children. Each parent shall have ar equal right, to be exercised jointly with the otiner parerit, to make all major non-amerge 9 A; decisions affecting the children's general well being including, bu not limited to, ?,II c ecisions regarding their health, education and religion. Pursuant to the terms of 2:3 -,ection 5309, each paren: shall be entitled to all records and irformstior, pertaining .c) the child ins^.luding, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent cne parent has possession of any such records or information, that parent shall nw required to share the same, or copies thereof, with the other parent within such r _asor?able tirre as to make the records and information of reasonable use to the other ,parent. Both parents shall be entitled to full participation in all educatiarial and medical, rEatment planning meetings, and evaluations with regard to the minor child. Each p;irent shal9 be entitled to full and complete information from any physician, dentist, t wader or authority xid copies of any certificates, s& col care educational attendance. i ,cords or report cards. Additionally, each parent shall be entitled to rel-pive copies of my notices which come from schooi wrth regard to sonool p;ctures, extracurricular .irtivities, children's parties., musical presentations, back-to-sQhool nights and the like. 2 Father shall have primari physical custody of Jessica KAL Strausbaugh, 3. Mother shall have primary physical custody of Michael A_ Strsusbaugh. 4. Father shall have partial physical custody of Michael A. Strausbaugh at such times as Michael desires to visit Yvith his father. a. Mather shall have partial physical custody of Jessica 1N1. StrausbaUgh --tit such tirnes as Jessica desires to visit with her mother. 0. The pailies shaii share physical custody of the children on rna.?or holidays as agreed between the parties and their children. 7, The parties desire' that this Stipulation and A.greernent be crude an Order Of court to the court of Common Pleas of Curnberiand county, and farther ackno viedge thai the court of C 0mrnor Pleas of Cu mberland county does, in fact have jurisdiction over the issue of custody ar}d the minor c>lild and shall retain jurisdiction sh!ouid olrcums aicces change and any party desires or rEquire?4 mc)dific;ation of said Order. 05/212/2003 10: 35 717D495755 OBE; 8. The parties acknowledge that they have read and understand the previsions of this Agreement, 9. The parties shall not do anything which may estrange the children from the rather party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the other party. 10. ?`he parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumiberland County does, in fact, have jurisdiction aver the issue of custody and the minor child and shall retain urisdiction should circumstances change and any party desires or requires modification of said Order. 11 Mother shall discontinue her, support action against Father in the Court of Common Pleas of Adams County. Neither party shall file an action against the other party for child support while this custody arrangernent is in effect. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. VVITNES y June E. Keeseman Date: sJ y C/ Mic.hae? A. Strausbaugh Dater / ??L----- - -- • :,:: ? _. ?. ,_ 05/22/2002 10:35 7172495OBS PAGE 02 PJUN 0 3 2008 JUNE E, KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004 - 3775 CIVIL, TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY J ORDER OF COURT AND NOW, this 1 444- day of Db-? 2008, the Court adopts the following Stipulation and Agreement as an Order of Court: 1. All prior Orders in this case are vacated. 2. The parties, June E. Keeseman (hereinafter "mother") and Michael A. Strausbaugh (hereinafter "father") shalt have shared legal custody of Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born ,;une 9, 1994 (hereinafter referred to as "children"). Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, butnot limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. section 53019, 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 children 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 3 X003 10:35 7172495"755 OBS PAGE 03 to full and complete information from any physician, dentist, teacher or authority and copies of any certificates, school ore 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. 3. Father shall have primary physical custody of Jessica M. Strausbaugh. 4. Mother shall have primary physical custody of Michael A. Strausbaugh, 5. Father shall have partial physical custody of Michael A. Strausbaugh at such times as Michael desires to visit with his father. 6. Mother shall have partial physical custody of Jessica M. Strausbaugh at such times as Jessica desires to visit with her mother. 7. The parties shall share physical custody of the children on major holidays as agreed between the parties and their children. 8. The parties shall not do anything which may estrange the children from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or, affection for the other party. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland- County domjn fact, have jurisdiction over the issue of custody and the minor child, and shWl retain jurisdiction should circumstances change.'and.any,party-d or requires modifipation of said Order. T, Edward E. Guido, J. OF Fl -op,-ICE Rep,ROTH(AFOTARY 2008 JUN -9 PM 2: 06 _PUM?? ,. uti/ 1G; 2 uV-16 1011: 3b it I2 t'3b Ibb OBS PAGE 04 JUNE E. KEESEMAN, Plaintiff V. MICHAEL A. STRAUSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3775 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY C'JSTflDY STIPUI.,ATION ANQ REEMENT THIS AGREEk i:..NT AND STIPULATION entered into the day and year hereinafter set forth, h)y and between June E. Keesernan (hereinafter referred to as "mother") and Michw-1 A. Strausbaugh (hereinafter referred to as "father"). WHEREAS, the parties are the natural parents of Jessica M. Strausbaugh, born June 12, 1991 arid Michael A. Strausbaugh, Jr., born June 9, 1994 (hereinafter referred to as "children";: and, WHEREAS, the parties are separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of the children, NOW 1"HEREF-CRE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Tne parties shall have shared legal custody of the children. Each parent shall have ar equal right, to be exercised jointly with the other parent, to make all major non-emerge decisions affecting the children's general well--being including, bu not limited to, E,11 c ecisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S_ section 5309, each parent shall be entitled to all records and information pertaining o the child including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the LIt," :.2i tk'r'-? IU: t, i172495755 OBS FACE 05 ;xtent 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 r-asonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitied to full participation in all educational and medical reatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and compiete information from any physician, dentist, t :acher or authority and copies of any certificates, school ore educational attendance r )cords or report cards. Additionally, each parent shall be entitled to recei•re copies of my 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. Father shall have primary physical custody of Jessica M, Strausbaugh, 3. Mother shall have primary physical custody of Michael A_ Strausbaugh. 4. Father shall have partial physical custody of Michael A. Strausbaugh at such times as Michael desires to visit with his father. 5. Mother shall have partial physical custody of Jessica M. Strausbaugh at such times as Jessica desires to visit with her mother. a. The parties shell share physical custody of the children on major holidays as agreed between the parties and their children. 7. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 05/22/2008 10:35 7172495755 nBS PAGE 06 8. The parties acknowledge that they have read and understand the provisions of this Agreement. 9. The parties shall not do anything which may estrange the children from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the other party. 10. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Commcn Pleas of Cumberland County does, In fact, have jurisdiction over the issue of custody and the minor child and shall retain ;urisdiction should circumstances change and any party desires or requires modification of said Order. 11, Mother shall discontinue her support action against Father in the Court of Common Pleas of Adams County. Neither party shall file an action against the other party for child support while this custody arrangement is in effect. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNE S: -X?9-&? une E. Keeseman s Michael A. 5trausbaugh Date: c- -? /-/^ Q LI? -- Date: ?/? ?/ ?' ? C" ° .- -?? _? - _ :? ??:> rt -z ,: _.,? ?'? ?-- .».; ; _,... ; ?, ?. .: ? c?~°, .,?- --? NOV 2 O 2008 (? JUNE E. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 3775 CIVIL TERM MICHAEL A. STRAUSBAUGH, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 0 n1e , 2008, the Court adopts the following Stipulation and Agreement as an Order of Court: 1. All prior Orders in this case are vacated. 2. The parties, June E. Keeseman (hereinafter "mother") and Michael A. Strausbaugh (hereinafter "father") shall have shared legal custody of Jessica M. Strausbaugh, born June 12, 1991 and Michael A. Strausbaugh, Jr., born June 9, 1994 (hereinafter referred to as "children"). Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, bu not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. section 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 children 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 certificates, school ore 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. 3. Father shall have primary physical custody of Jessica M. Strausbaugh. 4. Mother shall have primary physical custody of Michael A. Strausbaugh. 5. Father shall have partial physical custody of Michael A. Strausbaugh at such times as Michael desires to visit with his father. 6. Mother shall have partial physical custody of Jessica M. Strausbaugh at such times as Jessica desires to visit with her mother. 7. The parties shall share physical custody of the children on major holidays as agreed between the parties and their children. 8. The parties shall not do anything which may estrange the children from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the other party. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. Y T RT, Edward . Guido, J. i lr+r- Eka.!? o? :g ( AQN 6OOZ LAT,- •_ J r