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HomeMy WebLinkAbout02-1048PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 SHAWN D. ICEEBAUGH, PlaintifVPetitioner V. LACEY DESTEFANO, Defendant/Respondent Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - (()1 0 IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, Shawn D. Keebaugh, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is Shawn D. Keebaugh, residing at 33 Chestnut Street, Newville, Pennsylvania 17241. 2. The Defendant is Lacey Destefano, and is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Cameron Shawn Keebaugh unknown December 31, 2000 4. Cameron Shawn Keebaugh was born out of wedlock. 5. The child is presently in the custody of Defendant, and is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Plaintiff/Defendant Address 33 Chestnut Street Newville, PA 17241 Duration Birth to 2/24/02 7. The mother of the child is Defendant, who is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. The mother is single. 8. The father of the child is Plaintiff, currently residing at 33 Chestnut Street, Newville, Pennsylvania 17241. The father is single. 9. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name None Relationship 10. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Unknown Relationship 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor child, Cameron Shawn Keebaugh be placed with Plaintiff. Respectfully submitted, Z?4O 5er J. usso Attorney for Plaintiff Date: 03 I1) () a PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attomey for Plaintiff SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2002 - LACEY DESTEFANO, DefendanVRespondent IN CUSTODY VERIFICATION I, Shawn D. Keebaugh, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 3- I -D; SHAWN D. KEEBAU COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2002 - LACEY DESTEFANO, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated below: Lacey Destefano 319 Montgomery Avenue Oaks, PA 19456 Date Melissa M. Mehaf ey O N u r : ILL V ;;t O ? -.6 q L CY 4_v o? SHAWN D. KEEBAUGH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2002 - t t) q f' LACEY DESTEFANO, Defendant/Respondent IN CUSTODY PETITION FOR SPECIAL RELIEF SEEKING CUSTODY OF MINOR CHILD AND NOW, COMES, Shawn D. Keebaugh, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Defendant's Petition for Special Relief Seeking Custody: 1. Plaintiff and Defendant are the natural parents of the minor child, Cameron Shawn Keebauch, born December 31, 2000. 2. Plaintiff, Defendant, and the minor child have lived together in Cumberland County since the child's birth. 3. Lacey Destefano, mother, has removed Cameron Shawn Keebaugh, child, from the County of Cumberland and has kept him in an unknown location, thereby separating him from Shawn D. Keebaugh, father. 4. This past week, Respondent left the residence with the minor child, and did not inform the Plaintiff of where she was going or when Plaintiff would see his son. 5. The Defendant has not yet contacted Plaintiff. 6. To the best of Petitioner's knowledge, Respondent is without a permanent residence and lives with family members in Montgomery County, Pennsylvania. 7. To the best of Petitioner's knowledge, the temporary residence that Respondent utilizes in Montgomery County is inappropriate for Cameron. 8. Plaintiff has requested that the local police complete a wellness check. 9. On February 27, 2002, Officer Scott Severson of the Upper Providence Township Police Department went to 319 Montgomery Avenue, Oaks, Pennsylvania and was advised that the subject minor child was staying there. A true and correct copy of the report created by Officer Severson is attached hereto as Exhibit 1. 10. Later, on February 27, 2002, Officer Mulqueeney of the Upper Providence Township Police Department also went to 319 Montgomery Avenue, Oaks, Pennsylvania. 11. Officer Mulqueeney attempted to ascertain the location and safety of the child and met resistance from the occupants. A true and correct copy of the report created by Officer Mulquenney is attached hereto as Exhibit 2. 12. Petitioner is currently unaware of the physical well-being of the child. 13. The best interests of this child would be served if the child was returned to the County of Cumberland as all relevant contacts are here. 14. Cumberland County, Pennsylvania is the home county of the subject minor child as this child has resided in Cumberland County his entire life. 15. Plaintiff has filed a custody action which is attached hereto as Exhibit 3. WHEREFORE, Petitioner requests this Honorable Court to order the return of Cameron Shawn Keebaugh to the jurisdiction of this Court or that physical custody of the minor child be placed with Petitioner until further hearing on this matter. Re ly sub < L dV*mw Peter I Russo Attorney for Plaintiff Date: 3 ?? b Z F CL W ar J aac W a Z W LC r Q W W -1 R 1.? N Z O P W I0 w w Q. W D o _? W S Z t O W \ ? r _ ? 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O - L l V J Y , O y _ = q y < q F < y z Z >Y u FE > ? > N lk ' Y L i z _ Y it N w L - O ? h ? a ? ? O O A ? O L o « - Y i 21 6-01 OLCO6860TS 33I10d33W3QIADMd d3ddn dL0=90 z0 BZ qa3 a Nl? L L L L L L] ti'd OLEDEBGO19 33I10d33N30IA08d a3ddn dL0=90 a0 Be 9a3 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 SHAWN D. KEEBAUGH, Plaintiff/Petitioner V. LACEY DESTEFANO, Defendant/Respondent Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, Shawn D. Keebaugh, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is Shawn D. Keebaugh, residing at 33 Chestnut Street, Newville, Pennsylvania 17241. 2. The Defendant is Lacey Destefano, and is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Cameron Shawn Keebaugh unknown December 31, 2000 4. Cameron Shawn Keebaugh was born out of wedlock. 5. The child is presently in the custody of Defendant, and is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. L 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Duration Plaintiff/Defendant 33 Chestnut Street Birth to 2/24/02 Newville, PA 17241 7. The mother of the child is Defendant, who is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. The mother is single. 8. The father of the child is Plaintiff, currently residing at 33 Chestnut Street, Newville, Pennsylvania 17241. The father is single. 9. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name None Relationship 10. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Unknown Relationship 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor child, Cameron Shawn Keebaugh be placed with Plaintiff. Respectfully submitted, Peter J. Russo Attorney for Plaintiff Date: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2002 - LACEY DESTEFANO, Defendant IN CUSTODY VERIFICATION I, Shawn D. Keebaugh, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 3 -- r0?-- -? ?T SHAWN D. KEEBAU COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2002 - LACEY DESTEFANO, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated below: Lacey Destefano 319 Montgomery Avenue Oaks, PA 19456 . I - I -G-L hLii, wkw'464 Date Melissa M. Mehaffey CV) C, cn a r n -- zz `}a U SHAWN D. KEEBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 02-1048 CIVIL ACTION LAW LACEY DESTEFANO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline Al. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 03, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ jgcaueline M Verney, Esq Atir 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 1lNbnNN3d ALN lC nnt?ly?n,Wno i I :OlNv 8-!VW30 APR 0 5 20% )1 SHAWN D. KEEBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LACEY DESTEFANO, : NO. 2002-1048 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10W day of C?? , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Room No. , of the Cumberland County Court House, on the -M day of 2002, at o'clock, A-. M., at which time testimony will be en. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each parry's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The provision in the Temporary PFA Order of Court dated February 28, 2002 wherein Father is to have no contact with the Child is hereby vacated. 4. The Father, Shawn D. Keebaugh, and the Mother, Lacey Destefano, shall have shared legal custody of Cameron Shawn Keebaugh, born December 31, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 5. The parties shall share physical custody of the Child on a week on/week off schedule with Saturday at 12:00 noon as the day and time of transition. 6. Transportation shall be shared by the parties such that the parties shall meet at Exit 21 of the Pennsylvania Turnpike for the exchange of physical custody, unless otherwise agreed by the parties. Father's parents shall provide day care services for the child except when an emergency apses. BY THE COURT, cc: rk K. Emery, Esquire, counsel for Fat] ,?omas S. Diehl, Esquire, counsel for M }ear Carey, Esquire, Mid Penn Legal Ser SHAWN D. KEEBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LACEY DESTEFANO, : NO. 2002-1048 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron Shawn Keebaugh December 31, 2000 Mother 2. A Conciliation Conference was held April 3, 2002 with the following individuals in attendance: The Father, Shawn D. Keebaugh, with his counsel, Mark L. Emery, Esquire, and the Mother, Lacey Destefano, with her counsel, Thomas Diehl, Esquire. 3. A prior temporary PFA Order of Court, dated February 28, 2002 was entered by the Honorable George E. Hoffer, President Judge. That order provided for Father to have no contact with the child. 4. Father's position on custody is as follows: Father lives in Newville, Cumberland County. Mother, Father and child lived together until February 24, 2002, when Mother filed a PFA and left the jurisdiction for Oaks, Montgomery County, Pennsylvania. Father maintains that if Mother did not leave the jurisdiction, he would have liberal physical custody. Travel time between the parties is approximately two hours. Father asserts that Mother worked while in Cumberland County and is not presently working. Father seeks shared legal and primary physical custody. 5. Mother's position on custody is as follows: Mother moved to Oaks, Montgomery County, Pennsylvania, and moved in with her Mother after she filed the PFA Petition. Mother maintains that she has been the primary caregiver for the child SHAWN D. KEEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1048 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this d i day of August 2002, upon review and consideration of the attached Stipulation, the above-captioned parties' hearing scheduled for August 7, 2002 is hereby dismissed. BY THE COURT: cc: Thomas S. Diehl, Esquire I U,2- Peter J. Russo, Esquire 4 HINVAI,QNN?d 0 Z :g 1 'IV i - 519V ZO SHAWN D. KEEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1048 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY STIPULATION AND NOW, comes the Defendant, Lacey DeStefano, by and through her counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. Defendant is Lacey DeStefano, an adult individual currently residing in Oaks, Pennsylvania. 2. Plaintiff is Shawn Keebaugh, an adult individual currently residing in Newville, Pennsylvania. 3. A Custody Conciliation Conference in this matter was held on April 3, 2002. 4. This matter is scheduled to be heard before the Honorable Kevin A. Hess on August 7, 2002. 5 The Defendant is represented by Thomas S. Diehl, Esquire, and the Plaintiff is represented by Peter J. Russo, Esquire. 6. The parties mutually agree to dismiss the hearing currently scheduled for August 7, 2002. 08/08/2002 15:55 FAX 8001 FROM : MISLITSKY AND DIEHL FAX NM : 717-240-06933 Aug. 07 22102 11:52AM P2 WHER-H ORE. parties respectfully requests this Honorablc Court to dismiss the hearing currently as adult for August 7, 2002. AUG 0 6 2002 Dale: Use: P>-!p -Dg Reapactruliy submitted, 1'Jaomas I. Diehl, Esqu Attomey for the Defendant One West High Street. Suite 209 Post 0211m Box 1290 Carlislew Pannsylvanis 17013 (717) 240-0933 Peter L Russo, Esquire Attomay for the Plaintiff 501 D But Trindle Road, Suite 200 Meabattiesburg. Pennsylvania 17050 (717) 591-1755 lVS?.pao r Cl) cz u -77 07- ? L'J l11 Cu l? ? U since the child's birth. Mother seeks shared legal and primary physical custody of the child. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, granting shared legal and shared physical custody. It is expected that the Hearing will require one day. Date acqu line M. Verney, Esquire Custody Conciliator SHAWN D. KEEBAUGH, IN THE COURT OF COMMON Plaintiff CUMBERLAND COUNTY. PA V. NO. 2002-1048 CIVIL TERM LACEY DeSTEFANO, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, the defendant, Lacey DeStefano, by and through her atto xiey, Ks Haggerty, Esquire, of Abom & Kutulakis, LLP, avers the following: 1. The petition of Lacey DeStefano, defendant, respectfully represents) that on 2002, an Order of Court was entered for shared legal and physical custody. attached as Exhibit "A"). 2. This Order should be modified because: a. On or about February 25, 2005, a Temporary Protection from Abuse issued by the Honorable Wesley Oler, docketed at no. 05-914, in the Common Pleas of Cumberland County, Pennsylvania. (Coy attache "B") b. The Petition for Protection from Abuse alleges incidents of'abuse e at the child or that occur in the presence of the child. c. The child is currently undergoing play therapy for treatment for the violence that he has experienced or witnessed against his mother. d. The child's therapist, Laura Staub, is recommending a Behavior Spe work with the child due to his aggressive and violent behaviors. (C( therapist recommendation attached as Exhibit "C"). e. The present Custody Order provides that the father's parents are to childcare during father's custodial periods, except in the case of an f f. Mother is available and would like to provide childcare whe? the fal unavailable. g. Father permits the child to play or watch violent video gams that a inappropriate for a child of that age. h. The child has been exhibiting violent behavior that it is beli?ved he from exposure to the above-referenced video games. I W. 12, )rder was Durt of as Exhibit x directed to of is learned i. Father works a third-shift position each week from Sunday through that requires him to arrange for alternative childcare for most of his period. j. It is in the best interest of the child to maximize his time with each p rent at the times the parents are available. k. The schedule that would best maximize the child's time with his parents would be for Mother to be granted primary physical custody and Father to b granted partial physical custody at times to accommodate his work schedule. WHEREFORE, the Petitioner requests that, in the best interest of the parties' or child, this Honorable Court modify the existing Order of Court and grant Mother primary physical custody and Father partial physical custody. Respectfully submitted, AEOM& KUTULAKis, L.L.1?? DATE ?Z Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant - it 1 SHAWN D. KFEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENN CIVIL ACTION - LAW NO. 2002-1048 CIVIL TERM IN CUSTODY ORDER OF COURT 'I AN I s' NOYV, this day of 2002] upon consider ion of the attached Custody Conciliation Report, it is ordered and direc follow j 1. A Hearing is scheduled in Courtom No. of the Cumbe County Cou House, on the { day of L 'S 2002, at y o'clock,_)M., at which time testimony will be take For purposes of this Hei the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel Memorandum setting forth each party's position on custody, a list of witnesses wl be expected to testify at the Hearing and a summary of the anticipated testimony c witness. These Memoranda shall be filed at least ten days prior to the Hearing da 2. Pending further Order of Court or agreement of the parties, the fo shall remain in effect: 3. The provision in the Temporary PFA Order of Court dated F 2002 wherein Father is to have no contact with the Child is hereby vacated. 4. The Father, Shawn D. Keebaugh, and the Mother, Lacey Oestefan have shared legal custody of Cameron Shawn Keebaugh, born December 31, 200 parent shall have an equal right, to be exercised jointly with the other parent, to n major non-emergency decisions affecting the Child's general well-being ?ncludin not limited to, all decisions regarding his health, education and religion. 5. The parties shall share physical custody of the Child on a off schedule with Saturday at 12:00 noon as the day and time of transitic 6, Transportation shall be shared by the parties such that the arties sh meet at Exit 21 of the Pennsylvania Turnpike for the exchange of physical, custody unless otherwise agreed by the parties. j EXHIBIT "A" A;PR ?J a ?pp S OF VANLA R 15 2002 as o will f each 28, shall Each :e all but 7. Father's parents shall provide day care services for the child an emergency arises. BY THE COURT, cc: Mark K. Emery, Esquire, counsel for Father Thomas S. Diehl, Esquire, counsel for Mother Joan Carey, Esquire, Mid Penn Legal Services ":2L COPY FROM I;i T ; 'a'm y /;hereof, I here u+ a"d '(q sea; of sad Court at a is F /_ ... /C1.. d of •_..._??m Profh i when ro sat Irv bend iis•a Fa. ry SHAWN'' D. KEEBAGGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CU'NIBERLAND COUNTY, PENNSY VANIA V. :CIVIL ACTION -LAW LACEY DESTEFANO, : NO. 2002-1048 CIVIL TERtiI Defendant IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RU? E OF PROCEDURE 1915.3-8, the undersigned Custody Conciliator submitslthe fol report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Cameron Shawn Keebaugh December 31, 2000 Mother 2 A Conciliation Conference was held April 3, 2002 with e following individuals in attendance: The Father, Shawn D. Keebaugh, with his counsel, Mark L. Emery, Esquire, and the Mother, Lacey Destefano, with her counsel, Thomas Die 1, Esquire. 3. A prior temporary PFA Order of Court, dated February 2$, 2002 w s entered by the Honorable George E. Hoffer, President Judge. That order provided for Father to have no contact with the child. 4. Father's position on custody is as follows: Father lives in Newvill Cumberland County. Mother, Father and child lived together until February 24, when Mother filed a PFA and left the jurisdiction for Oaks, Montgomery County, Pennsylvania. Father maintains that if Mother did not leave the jurisdiction, he w have liberal physical custody. Travel time between the parties is approximately t, hours. Father asserts that Mother worked while in Cumberland County and is not presently working. Father seeks shared legal and primary physical custody. 5. Mother's position on custody is as follows: Mother move to Oaks, Montgomery County, Pennsylvania, and moved in with her Mother after he Cited PFA Petition. Mother maintains that she has been the primary caregiver or the ch since the child's birth. Mother seeks shared legal and primary. physical custc child. 6. The Conciliator recommends an Order in the form as a4ached a Hearing, granting shared legal and shared physical custody. It is exp cted t Hearing will require one day, ?I y- s-a2 Date 4accjaehne NI. Verney, Custody Conciliator of the the Lacey A. DeStefano, Plaintiff V Shawn David Keebaugh, Defendant NOTICE OF O YOU HAVE BEEN SUED IN COURT. If you wish to defend against following papers, you must appear at the hearing scheduled herein. If you f proceed against you and a FINAL Order may be entered against you granting Petition. hi particular, you may be evicted from your residence and lose other A hearing on this matter is scheduled on the ?-4 i day of i,1 1,'C Courtroom No. 1 on the 4`" Floor of the Ctunberland County Courthou Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or ten notice and hearing. If you disobey this Order, the police may arrest you. Vi subject you to a charge of indirect criminal contempt which is punishable by and/or up to sis months in jail under 23 Pa.C.S. §6114. Violation may also s and criminal penalties under the Pennsylvania Crimes Code. Under federal b Order is enforceable anywhere in the United States, tribal lands, U.S. Territorie of Puerto Rico. If you travel outside of the state and intentionally violate this to federal criminal proceedings under the Violence Against Women Act, 18 U.'. the clam s set forth in the a] to do o, the case may the retie requested in the mportant rights, at l 1:' t'v m., in I Courthouse Square, nated [)'t the court after ation of this Order may fine of , p tOp 1,000.00 bject yo to rosecution 18 U. .C. §2265, this and the ommonwealth der, you may be subject C. § 226-2262. You should take this paper to your lawyer at once. You have the right t have a you at the hearing. The court will not, however, appoint a lawyer for you. If ou do r or cannot afford one, go to or telephone the office set forth below to find out where ; help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Corot of Common Pleas of Cumberland County is required by law to comply Americans with Disabilities Act of 1990. For information about accessible facili ies and r accommodations available to disabled individuals having business before the cou , please office. Alt arrangements must be made at least 72 hours prior to any hearing or siness b court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNrSYLVANIA NO. 05- CIVIL PROTECTION FROM AB wryer represent have a lawyer can .get legal the ct our the EXHIBIT "B" Lacey A. DeStefano, Plaintiff 6. Shawn David Keebaugh, Defendant IN THE COURT OF PLEAS OF CUMBERLAND CO :PENNSYLVANIA No. CIVIL ACTION - LAW PROTECTION FROM ABl TEMPORARY PROTECTION FROM ABU$E O Defendant's Name is: Shawn David Keebaugh Defendant's Date of Birth is: December 21, 1975 Defendant's Social Security Number is: 166-60-9296 Name(s) of All protected persons, including Plaintiff and minor chil 1. Lacey A. DeStefano 2. Cameron Shawn Keebaugh AND NOW, on 24th Day of February, 2005 upon consideration oft the attache Petition for Protection from Abuse, the court hereby enters the followi it, Temp( Order: I Plaintiff's request for a temporary protection order is gra?ited. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons i any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including b it not lim to any contact at Plaintiffs school, business, or place of employmen . 3. Defendant shall not contact Plaintiff, or any other person protected nder this Order, by telephone or by any other means, including through third Persons. 4. The following additional relief is granted: ted ER - Defendant is prohibited from having any contact with Plaintiff's relative and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. 5. A certified copy of this Order shall be provided to the police department Plaintiff resides and any other agency specified hereafter: Carlisle Borough Police Department 6. The sheriff, police or other law enforcement agencies are directed ',to serve Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform t1 e desig authority of any addresses, other than the Defendant's residence, where De can be served. The Prothonotary is directed to file this Petition an Order, prepayment of costs. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHA REMAIN IN EFFECT UNTIL AUGUST 24, 2006 OR UNTIL O HERW MODIFIED OR TERMINATED BY THIS COURT AFTER NOT CE A? HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of tip to $ 1, 00.00 an /or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to efendan's return to the residence shall not invalidate this Order, which can only e chang d or modified through the filing of appropriate court papers for that purpos . 23 Pa. .S. §6113. Defendant is further notified that violation of this Order may s rbject hin ;her to state charges and penalties under the Pennsylvania Crimes Code an to feder 1 charges and penalties under the Violence Against Women Act, 18 U.S.C. §§22 1- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALSI This Order shall be enforced by the police who have jurisdiction over he plaint residence OR any location where a violation of this order occurs OR i?here the defendant may be located. If defendant violates Paragraphs I through of this , Order, defendant shall be arrested on the charge of Indirect Criminal Contempt arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presen e of lav enforcement. Subsequent to an arrest, the law enforcement officer shall seize all wea"n" use or threatened to be used during the violation of this Order OR during prio incident of abuse. Weapons must forthwith be delivered to the Sheriffs office oft e county which issued this Order, which office shall maintain possession of the eapons t ntil further Order of this court, unless the weapon/s are evidence of a crime in whicl case, they shall remain with the law enforcement agency whose officer ?made the arrest. BY THE COURT: Distribution to. Legal Services Faxed & Mailed to PSP lSlj• -?2?.. e f7C i Ridge Date PFAD Number: YT2070797F Lacey A. DeStefano, Plaintiff V. Shawn David Keebaugh, Defendant 1N THE COURT OF CON" ION PLEAS OF CUMBERLAND OUIv'TY PENNSYLVANI No. CIVIL ACTION - AW PROTECTION FR?M AB SE PETITION FOR PROTECTION FROM 1. Plaintiffs name is: Lacey A. DeStefano 2. 1, (the Plaintiff), am filing this Petition on behalf of - myself 3. Name(s) of ALL person(s), including minor children, who seek protection a. Lacey A. DeStefano b. Cameron Shawn Keebaugh 4. Plaintiffs Address is : 1549 Ritner Highway, Shippensburg, PA 17257 5. Defendant's Name is: Shawn David Keebaugh 6. Defendant is believed to live at the following address: 1549 Ritner Highwav , Shippensburg, PA 17257 7. Defendant's Social Security Number is: 166-60-9296 a abuse. 8. Defendant's Date of Birth is: December 21, 1975 9. Defendant's Place of employment is: Carlisle Syntec 10. Defendant is not an adult. 11. The relationship between the Plaintiff and the Defendant is'. Parents of the same children Current or former sexuaVintimate partner 12. The Plaintiff and the Defendant been involved in the following court actions a. Custody 13. Other details of the court action are: Cumberland County, Shared physical and legal custody with parent on alternating weekends. 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. Cameron Shawn Keebaugh AgeA yrs old Child's address is: 1549 Ritner Highway , Shippensburg, PA staying 15. There is an existing court order regarding the custody of the Plaintiffs and Defend The terms of the order are: There is shared custody, alternating weeks for my Keebaugh. County: Cumberland State: PA 16. The facts of the most recent incident of abuse are as follows: On about Thursday, February 10, 2005 at approximately 9:55PNI location: 1549 Ritner Highway, Shippensburg, PA 17257 On or about February 11, 2005, Defendant attempted to cause Plaintiff bo ily pushed Plaintiff onto the bed and grabbed her by the throat choking her. lai choke me" and Defendant proceeded to put his fist to her face and threate ed "I'm going to make you bleed." Plaintiff feared for safety. inj each children. Cameron when he ted "don't 1f by stating 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor (including any threats, injuries, or incidents of stalking) are as follows: In or around February 2005, Defendant acted in a physically menacing manner, when he screamed at the Plaintiff, threatening to kill Plaintiff, minor child and Plaintiff's mother. i In or around January 2005, Defendant acted in a physically menacing nanner When he verbally told Plaintiff to leave the residence, Plaintiff attempted to leave and De endant rabbed a knife and threatened that if the Plaintiff left with their child he would kill her. PI intiff fe red for her safety and the safetv of the minor child. In or around January 2005, Defendant acted in a physically menacing manner ti hen he kicked Plaintiff in her upper arm while holding their minor child in his hands, and thre tened to kill the Plaintiff, the child and himself which put Plaintiff in imminent fear. During the course of the parties' relationship Defendant has called Plaittiff vile tames in front of the parties' minor child, and has been emotionally and physically abusi °e. 18. The Defendant has used, or threatened to use, the following weapon(s) against the Pla?ntiff or the minor children: a. knife 19. The police department(s) or law enforcement agencies that should be provid d with a opy of the protection order are: Carlisle Borough Police Department 20. There is an immediate and present danger of further abuse from the Defendai t. 21. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 22. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE OURT ,LATER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER T AT WO LD DO THE FOLLOWING: Restrain Defendant from abusing, threatening, harassing, or stalk n- Plaint?ff and/or minor children in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor chi d/ren, either in person, by telephone, or in writing, personally or through third pe ons, including but not limited to any contact at Plaintiffs school, busi ess, or pl ce of employment, except as the court may find necessary with respect o partial ustoc and/or visitation with the minor child/ren. Prohibit Defendant from having any contact with Plaintiffs relati es and Pl intiffs children listed in this petition, except as the court may find necess ry with r spect to partial custody and/or visitation with the minor child/ren. d. Grant such other relief as the court deems appropriate. e. Order the police or other law enforcement agency to serve the Defndant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner 'ill inform the designated authority of any addresses, other than the Defendant's resides ce, where Respectfully submitted, MIDPENN LEGAL SER i` Date: By. Grac E. D'Alo, Atton Jessia Diamondstone, 8 Irvine Row Plaintiff Carlisle, PA 17013) (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present actin and th. t the facts and statements contained in the above Petition are the and correc to the best of my knowledge. I understand that any false statements are made subject t the pen (ties of IS Pa.C.S.§4904, relating to unswom falsification to authorities. Dated: t Lacey A. DeStefano, 1 lai0tiff Af S NORTHWESTERN HUMAN SERVICES OF CENTRAUWESTERN REGION April 5, This Letter is in regards to the counseling Cameron Keebaugh has been Stevens Center in Carlisle, PA. Cameron began counseling on 10113/04 due to his temper tantrums, deft issues and witnessing his father physically and verbally abuse his mothe for Cameron to decrease his temper tantrums and inappropriate behavio Cameron to express his feelings appropriately. Play therapy has been ut Cameron. Behavior modification and parenting strategies have been dis mother. On March 31, 2005 this therapist made a referral to Edgewater (wraparound program) for Cameron to get a Behavior Specialist and ha) to qualify for TSS services due to his aggressive and defiant behaviors. Sincerely, QE(/Ck UtCUrY? Laura Staub, MA Therapist EXHIBIT "C" ceivingl at The ice, an er The g als are and for zed wit lssed w th his HRS an eva nation THE STEVEN'S CENTER- 33 STATE AVENUE - CARLISLE, PA 17013 - (717) 243-6033 - FAX: (717) 243-0776 - WEBS'TE: www.nhsonline.org VERIFICATION I, LACEY DeSTEFANO, verify that the statements made in this) Petition to Modify Custody are true and correct. I understand that false statements herein ?Ire made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authc?riti Date "' ?-\ , uz?-, LACEY DeSTEF CERTIFICATE OF SERVICE AND NOW, this 7`h day of April, 2005, I, Kara W ABOM & KUTULAKIS, LLP, hereby certify that I did serve a copy of the Petition to Modify Custody by depositing, or deposited, same in the United States Mail, First-class mail, addressed to the following: Mark Emery 410 N. 2°d Street Harrisburg, PA 17101 Respectfully submitted, ABOM & KUTULAKIS, Da 1E Kara W. Haggerty, E ?l 36 S. Hanover Street- 1 Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for Defendant Esquire, of and correct to be prepaid \D A^ T 1 t T Rl ? - ? 7 C` ? n m c?? SHAWN D. KEEBAUGH, Plaintiff V. LACEY DeSTEFANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2002-1048 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant, Lacey DeStefano, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, L.L.P DATE Coq 0 7 It Kara W. Haggerty, quire/ 36 South Hanover treet (J Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 N - UI J R? ? -q l ?l Q 17 SHAWN D. KEEHAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-1048 CIVIL ACTION LAW LACEY DESTEFANO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 13, 2005 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at.- 4th Floor, Cumberland,Coun Courthouse, Carlisle on _ Tuesday,, May 10, 2005 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ la ueline M. Verney, EsT._____ ,_ 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 7hlh ' !`' h RECEIVED MAY 2 3103I 5 SHAWN D. KEEBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LACEY DESTEFANO, : NO. 2002-1048 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this , ? Z4 day of v 2005, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. A Hearing is schedgled in Court Room No.? of the Cumberland County Co House, on the o?G'4 day of Qw, c 2005, at__, 9 J 6 o'clock, AM., at which time testimony will be aken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Order of Court dated April 12, 2002 shall remain in full force and effect with the following modification: 3. Paragraph 5 shall be amended to provide for the exchange day and location to be Friday at daycare. 4. Paragraph 7 is deleted to provide as follows: Father's parents may provide daycare services while Father is at work. BY THE COURT, /A J. cc: Mark K. Emery, Esquire, counsel for Father/ Kara W. Haggerty, Esquire, counsel for Mother t - Vti ?( 5-,2 ?- o S a? At. ? j ?.. RECEIVED MAY 2 SHAWN D. KEEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2002-1048 CIVIL TERM IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron Shawn Keebaugh December 31, 2000 shared 2. A Conciliation Conference was held May 20, 2005 with the following individuals in attendance: The Father, Shawn D. Keebaugh, with his counsel, Mark L. Emery, Esquire, and the Mother, Lacey Destefano, with her counsel, Kara W. Haggerty, Esquire. 3. A prior Order of Court was entered on April 12, 2002 providing for shared legal and shared physical custody on a week on/week off basis. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. She is willing to allow Father to have 3 weekends per month. Mother maintains that the child is exhibiting behavior problems because Father's work schedule requires the child to sleep at paternal grandparent's home. Mother seeks a more stable living arrangement for the child. 5. Father's position on custody is as follows: Father intends to file for a modification to be joined with this matter and request shared legal custody and primary physical custody. He maintains that Mother has moved 5 times in the last three years and she has not provided a stable home for the child. 1005 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, maintaining the current Order with a different exchange date. It is expected that the Hearing will require one day. Date S„ cque ine M. Verney, Esquire Custody Conciliator Shawn D. Keebaugh, : COURT OF COMMON PLEAS Plainti:' : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2002-1048 CIVIL TERM Lacey DeStefano, : CIVIL ACTION - LAW IN CUSTODY Defendant PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff, Shawn D. Keebaugh, by and through his attorney Mark K. Emery, Esquire, and files this Petition for Modification of Custody as follows: 2. 3. 4. The initial Order of Court in this matter was entered on April 12, 2002, which provided for both shared legal and physical custody. In particular such Order established a week on/week off custody arrangement. A copy of such Order is attached and incorporated fully herein as Exhibit "A". On April 7, 2005, Defendant DeStefano filed a Petition to Modify Custody requesting that she be provided primary physical custody of the parties' child. A Conciliation Conference was held on such Petition. At such time only minor changes were made to the existing Order and a hearing was scheduled on that matter for August 26, 2005. Copy of such Order of Court is attached and incorporated fully herein as Exhibit "B." Plaintiff Keebaugh contests the request of Defendant and requests that the April 12, 2002, Order be modified to provide him primary physical custody of the parties' child. Plaintiff Keebaugh requests primary physical custody for, inter alia, for the following reasons: a. Defendant DeStefano has twice acted in bad faith in filing meritless Protection From Abuse Petitions. The first petition was withdrawn and the second petition was denied by the Honorable Wesley J. Oler. b. Defendant DeStefano has been unable and unwilling to maintain steady employment, which inhibits her ability to provide for the necessary needs of the parties' child, and in particular has inhibited Defendant DeStefano from maintaining any consistence residence. c. Defendant DeStefano has not, and can not, provide suitable living arrangements for the parties' child. d. The parties' child is entering the age to begin commencement of schooling, and therefore a suitable permanent residence must be established in order to enroll him in school. e. Defendant DeStefano has taken extraordinary steps in order to alienate the affections of the parties' child for his father and further inhibit the relationship between father and child. Plaintiff Keebaugh requests that this Petition be consolidated with Defendant DeStefano's Petition to Modify so that all matters are scheduled for the August 26, 2005, hearing. WHEREFORE, Plaintiff, Shawn D. Keebaugh, respectfully requests this Honorable Court modify the current Custody Order to provide Plaintiff with primary physical custody and a suitable visitation schedule for Defendant, DeStefano. DATE: June 2, 2005. Respectfully submitted, LAW OFFICES OF MARK K. EMERY i l By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Defendant SHAWN D. KEEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant h1I°R 1; a )LCY IN THE COURT OF COININION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-1048 CIVIL TERM IN CUSTODY APR 15 2002 ORDER OF COURT NOW, this n `day of n of the attached Custody Conciliat on Report, it is ordered and directed as t • A Hearing is scheduled in CourtRpom No. County Cou House, on the 2fL day of t, '; L of the Cumberland o'clock,= M., at which time testimony will be take .For 2002° at -SY the Father shall be deemed to be the moving part purposes of this Hearing y d shall Proceed testimony. Counsel for each party shall file ith the Memorandum setti Court and opposing clo etl a ng forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The provision in the Temporary PFA Order of Court dated February 28, 2002 wherein Father is to have no contact with the Child is hereby vacated. 4. The Father, Shawn D. Keebaugh, and the Mother, Lacey Destefano, shall hate shared legal custody of Cameron Shawn Keebaugh, bom December 31, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. ?• The parties shall share physical custody of the Child on a week on/week off schedule with Saturday at 12:00 noon as the day and time of transition. 6. Transportation shall be shared by the parties such that the parties shall meet at Exit 21 of the Pennsylvania Turnpike for the exchange unless otherwise agreed by the parties. Of Physical custody, 7• Father`s parents shall provide day car- an em services for the child except when ergency arises. cc: Mark K. Emery, Esquire, counsel for Father Thomas S. Diehl, Esquire, counsel for Mother Joan Carey, Esquire, Mid Penn Legal Services In „7RUE Copy FRC)'k1 y r; hereof a.-.d I here into s?t Sea! ; of sa, hand d Court at ar!is;a, Fa. Prothonotary BY THE COURT, RECEIVED MAY 2 3 2005 SHAWN D. KEEBAUGH, : IN THE COURT OF COMMON PLEAS OF 10 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LACEY DESTEFANO, : NO. 2002-1048 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this .7Y 1? day of 2005, u on consideration of the attached Custody Conciliat on Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No./ _, of the Cumberland County Court House, on the ,2G day of o'clock 2005, at -?` L2... M., at which time testimony will b taken?. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Order of Court dated April 12, 2002 shall remain in full force and effect with the following modification: 3. Paragraph 5 shall be amended to provide for the exchange day and location to be Friday at daycare. 4. Paragraph 7 is deleted to provide as follows: Father's parents may provide daycare services while Father is at work. BY THE COURT, 5 7 ?2 /lea a J. cc: Mark K: Emery, Esquire, counsel for Father Kara W. Haggerty, Esquire, counsel for Mother 'rFt'JC- COPY MOU n? In T and whereat, I huro `LoUH ) „ unto set my haoo of salt Ccurt at Carlict? o? SHAWN D. KEEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant PRIOR JUDGE: Kevin A. Hess, J. RECEIVED MAY 2 3 2005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002-1048 CIVIL TERM : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19153-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron Shawn Keebaugh December 31, 2000 shared 2. A Conciliation Conference was held May 20, 2005 with the following individuals in attendance: The Father, Shawn D. Keebaugh, with his counsel, Mark L. Emery, Esquire, and the Mother, Lacey Destefano, with her counsel, Kara W. Haggerty, Esquire. 3. A prior Order of Court was entered on April 12, 2002 providing for shared legal and shared physical custody on a week on/week off basis. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. She is willing to allow Father to have 3 weekends per month. Mother maintains that the child is exhibiting behavior problems because Father's work schedule requires the child to sleep at paternal grandparent's home. Mother seeks a more stable living arrangement for the child. 5. Father's position on custody is as follows: Father intends to file for a modification to be joined with this matter and request shared legal custody and primary physical custody. He maintains that Mother has moved 5 times in the last three years and she has not provided a stable home for the child. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, maintaining the current Order with a different exchange date. It is expected that the Hearing will require one day. s-96 -o s Date J cqu ine M. Verney, Esquire Custody Conciliator CERTIFICATE OF SERVICE AND NOW, this 2"d day of June, 2005, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Petition for Modification of Custody by mailing a true and correct copy via United States first class mail, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery ('1 c r' "i"1 O- O a ? , Shawn D. Keebaugh, Plaintiff vs. Lacey DeStefano, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1048 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, Shawn D. Keebaugh, by and through his attorney Mark K. Emery, Esquire, and files this Petition for Special Relief as follows: 2. 4. The parties are the parents of a minor child, Cameron Shawn Keebaugh, age four. The parties have filed separate Petitions for Modification of Custody, and a hearing on such petitions is scheduled before the Honorable Kevin A. Hess on August 26, 2005. The parties' current Custody Order provides for a week on/week off arrangement. All exchanges of custody are done through the child's daycare provider. A copy of the current custody order is attached and incorporated fully herein as Exhibit "A". Since late March 2005 Defendant DeStefano has refused. to identify her current address, and therefore has withheld from Plaintiff any information regarding his child's location and living arrangements during Defendant's periods of custody. On March 24, 2005, Defendant DeStefano filed a meritless Petition for Protection from Abuse. Upon a hearing before The Honorable Wesley J. Oler such petition was denied. A copy of the Order of Court denying the Petition for Protection from Abuse is attached and incorporated fully herein as Exhibit "B". 6. Upon the denial of Defendant's meritless Protection from Abuse Petition Defendant, through her counsel, was requested to provide her current address and the address at which the parties' minor child resides during Defendant's periods of custody. A copy of correspondence directed to Defendant's counsel is attached and incorporated fully herein as Exhibit "C". Defendant has not responded to this request. 7. A Conciliation Conference was held in this matter on May 20, 2005. At such time, Defendant's counsel was again requested to provide the current residence for Defendant. At such time, Defendant's counsel would not provide such information. 8. By correspondence dated June 2, 2005, it was again requested of Defendant's counsel that the address at which the parties' minor child resides during Defendant's periods of custody be provided. As of the date of the filing of this Petition Defendant has not responded to such request nor provided any information regarding her current whereabouts. 9. In the preceding years, Defendant has been unable to obtain suitable living arrangements. In addition, Defendant has been unable and/or unwilling to obtain employment, thereby limiting her ability to provide suitable living arrangements for the parties' minor child. 10. Based upon these above factors it is necessary that Plaintiff be advised of his child's living arrangements during Defendant's period of custody to ensure that such living arrangements are suitable and adequate for the minor child as well as to allow Plaintiff to have contact with the minor child. This is particularly important so as to allow Plaintiff the opportunity to address the living arrangement situation at the upcoming custody hearing. Further, Plaintiff, as joint legal custodian, is entitled to such information. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order requiring Defendant to advise Plaintiff of her current address, and. any other such address which the parties' minor child resides during Defendant's periods of temporary custody, within in five days or suffer the appropriate sanctions. Date: June 16, 2005 Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Attorney I.D. No. 72787 410 North Second Street Han-isburg, PA 17108 (717) 238-9883 Attorney for the Plaintiff RECEIVED MAY 2 .3 20051` SHAWN D. KEEBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LACEY DESTEFANO, : NO. 2002-1048 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this -?I 1 day of _ 2005, upon consideration of the attached Custody Conciliat on Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. -?' , of the Cumberland County Court House, on the e2 L day of __, 2005, at q:30 o'clock, Q... M., at which time testimony will b?For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Order of Court dated April 12, 2002 shall remain in full force and effect with the following modification: 3. Paragraph 5 shall be amended to provide for the exchange day and location to be Friday at daycare. 4. Paragraph 7 is deleted to provide as follows: Father's parents may provide daycare services while Father is at work. BY THE COURT, Ne4l J. cc: Mark K. Emery, Esquire, counsel for Father Kara W. Haggerty, Esquire, counsel for Mother i P', Id- ,G LY.311td F'i .t.r i.r ri l! In Tuilsteo ty vai zrr ;f, i i ui Z &e my huttd and the cal 19 said Csr1 a; Pa. >hss?Y? 0 Prcthonc arr LACEY A. DESTEFANO, Plaintiff v SHAWN DAVID KEEBAUGH: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-974 CIVIL TERM IN RE: PETITION FOR PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 28th day of April, 2005, upon consideration of Plaintiff's Petition for Protection from Abuse in the above-captioned matter, and following a hearing held on April 27, 2005, the petition is denied, and the temporary Protection from Abuse Order dated February 25, 2005, is vacated. By the Court, Jessica Diamondstone, Esquire 8 Irvine Row Carlisle, PA 17013 For the Plaintiff Mark K. Emery, Esquire 10 N. Second Street Harrisburg, PA 17102 For the Defendant mae TRUE COPY FRQ-,1 In t ?S stmonY .,,!?, r of 1 h,rc un;o set my haed an he seal of sa our a riisle y? ? {? ?g LAW OFFICES OF MARK IL EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K..Emery, Esquire Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Dear Kara: As you maybe aware, the Petition for Protection From Abuse filed by Ms. DeStefano has been denied, and therefore the temporary Order has been ^ vacated. I enclose a copy of the Court's Order. Based on this, and the fact that a Shawn has no idea where Ms. DeStefano resides, I request that you immediately O provide her address so that my client knows where his son is every other week. O I also want to follow up on my request for Cameron's therapy records. I U am in the process of forwarding Authorizations to the Stevens Center to obtain C@ those records. However, I am sure your client could obtain them much more quickly, and allow for my review prior to the Conciliation Conference. Thank you. Fax (717) 238-9884 e-mail memerylaw@aol.com May 5, 2005 RE: Keebaugh v. DeStefano No. 2002-1048 (Cumberland) Very truly yours, MKE/vh enclosure By: LAW OFFICES OF MARK K. EMERY Mark K. Emery LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K. Emery, Esquire Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Fax (717) 238-9884 e-mail memerylaw@aol.com June 2, 2005 RE: Keebaugh v. DeStefano No. 2002-1048 (Cumberland) Dear Kara: Enclosed please find a Petition for Modification of Custody, filed this day. I again request that your client disclose her current address. At todays a support conference she again refused to disclose her address. i think it is not disputable that my client has the right to know his son's whereabouts and living . O arrangements. Neither of our clients have the money to litigate every issue, so I n ask that you disclose that address so as to alleviate the need to file a Petition to U obtain this disclosure. Thank you. Very truly yours, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery MKE/vh enclosure CERTIFICATE OF SERVICE AND NOW, this 16`h day of June, 2005, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Petition for Special Relief by mailing a true and correct copy via United States first class mail, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 LAW OFFICES OF MARK K. EMERY By:?C Mark K. Emery d v o -? 10 G w ?? SHAWN D. KEEBAUGH, Plaintiff VS. LACEY DESTEFANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1048 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER AND NOW, this -2-1 ` day of June, 2005, a rule is issued on the defendant to show cause why the relief requested in the within petition ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 6-a? es JN? Gl Kevi A. Hess, J. Lv ".''a IIZ ;1? UJl '-I !,a Ir1_-ODi SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2002-1048 CIVIL TERM LACEY DeSTEFANO, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 28`h day of June, 2005, comes the Petitioner, Lacey DeStefano, by and through her attorney, Kara W. Haggerty, Esquire, of ABOM & KunLAKis, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. On or about April 7, 2005, the Petitioner, Lacey DeStefano, filed a Petition to Modify Custody in the above captioned matter requesting primary physical custody of the parties' child, Cameron Keebaugh, born December 31, 2000. 2. On or about May 20, 2005, the parties attended a custody conciliation conference, at which time the matter was referred for a hearing. 3. A Custody Hearing is scheduled for August 26, 2005, before The Honorable Kevin A. Hess. 4. On or about June 2, 2005, Respondent, Shawn Keebaugh, also filed a Petition to Modify Custody, seeking primary physical custody. 5. The present custody Court Order provides for shared legal and physical custody of the parties minor child. COUNTI 6. Paragraphs one (1) through five (5) are incorporated herein by reference. 7. The child, Cameron Keebaugh, has been exhibiting behavior problems, including but not limited to, exhibiting violent behavior. 8. Cameron had undergone an initial assessment through NHS/Steven's Outpatient Services on or about October 13, 2004. (See initial assessment paperwork from NHS/Steven's Outpatient Services, attached hereto as `Exhibit A?. 9. Cameron did attend play therapy with Laura Staub through the Steven's Center on a bi- weekly basis from October 2004 through May 2005. 10. The child's therapist, Laura Staub, made a recommendation for a Behavior Specialist to work with the child due to his aggressive and violent behaviors. (See Laura Staub letter, dated April 5, 2005, attached hereto as `Exhibit B'). 11. Since June 2005, Cameron has been attending play therapy with Amy Schuler from Adams Hanover Counseling Services in Harrisburg, Pennsylvania. 12. On June 23, 2005, Judy Scott from Edgewater received a letter from Respondent's counsel, Mark Emery, Esquire, indicating that Respondent objects to Cameron's participation in therapy and objects to the referral for a. Behavior Specialist. 13. Undersigned counsel has contacted Attorney Emery's office to obtain a copy of the correspondence to Edgewater, but has been unable to speak with Attorney Emery. 14. On June 24, 2005, Petitioner and Respondent participated in a conference call with CBHNP, Amy Schuler, and Allison Troutman, Director of Trinity Day Care Center, the child's daycare provider, to provide input on Cameron's behavior in order to complete the referral for a Behavior Specialist. (See Allison Troutman letter, dated June 27, 2005, attached hereto as `Exhibit C?. 15. Respondent has been encouraged to participate in Cameron's therapy by the therapists and the Petitioner since the start of Cameron's therapy. 16. To date, Respondent has refused to take Cameron to any therapy appointments. 17. Respondent's refusal to take Cameron to any therapy appointments has resulted in Cameron only being able to participate in therapy on a bi-weekly basis. 18. Petitioner believes that it is in Cameron's best interests to continue with his play therapy through Adams Hanover Counseling Services. 19. Petitioner believes that it is in Cameron's best interests to attend play therapy through Adams Hanover Counseling Services on a weekly basis, as recommended. 20. Petitioner believes that it is in Cameron's best interests to obtain a Behavior Specialist as recommended. WHEREFORE, Petitioner respectfully requests'Ihis Honorable Court to grant her request for Special Relief and enter an order requiring the child, Cameron Keebaugh, to remain in therapy until discharged. It is further requested that This Honorable Court enter an order requiring Respondent to comply with all recommendations of all therapists, including but not limited to, ensuring the child's attendance at all counseling or therapy appointments. COUNT II 21. Paragraphs one (1) through eighteen (18) are incorporated herein by reference. 22. Respondent has been encouraged to participate in Cameron's therapy by the therapists and the Petitioner since the start of Cameron's therapy.. 23. Respondent has taken steps to actively interfere with and attempt to terminate Cameron's therapy. 24. Because Respondent's actions forced Petitioner to file the within Petition, Petitioner believes that Respondent should be responsible for the court costs and attorney's fees associated with bringing this action. WHEREFORE, Petitioner prays that This Honorable Court grant her request for relief and order Respondent to pay the attorney's fees and costs associated with this proceeding. Respectfully submitted, ? P-1 D5 DATE ABomr& KuTULAR7S, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney far Petitioner NFIS/ STE\TEN'S OUTPATIENT SE tVIC:E' S INITIAL /ASSESSMENT TREATMENT PLAN Client Name: Date of Birth: y. k0 Primary Psychiatrist: Date Plan Written: Zq'/rjw Current DSM-IV Diagnosis: 2w c? Axis I: ?bD (n 1UlOC?cQ RisoSceov SOS Axis II: 7 1?1 Axis III: Axis IV: None Mild/-Moderate Severe J Axis V:_ 3--Z? Presenting problem(s): 1 l Ll/? 1?l?// ?P?/ ?nc ?>y / 2_ 1?!{l+? ?G4 xJ GJ ??' Symptoms defining each problem: sf792T;? Ctz_1S JC !l?//L.Y r Objectives: To be consistent with all Outpatient therapy appointments and/or physician appointments. 46To increase ,4 decrease 7 42 :? '?Yn 7 a , ?_Y _from To increase, 1-decre se L-Sy -from 4. To re-assess initial Treatment Plan and define detailed goals and objectives within the first 90 days of treatment, and write up-dated Treatment Plan. Prepared by: Client Signat OP Supervisor: Interventions: Therapist will discuss with client, at all sessions, consistency or non-compliance with objective. If needed, strategies will be put in place to increase consistency. Z?.J Therapist and client will 3. Therapist and client will ?-LD 4. Therapist and client will review Tx objectives and write new Tx Plan to meet the goals and Objectives of the client and the therapist. The Stevens Center Outpatient Program CLINICT?L ASSESSMENT (Child/Adolescent) p??.2-2 L5 Client Name: l ?J?Z?y2+??j4 y Client No. Date: CLIENT INFORILLTION Age: 3 Gender: Race: Grade in School: c4 Cie c c-? PRESE TING PROBLEM U ?Zv FAMILY/SOCIAL: MEDICAL: DEVELOPMENTAL HISTORY: I OWAL : f LEGAL ISSUES: Outpatient Program Clinical P_ssessment (Child/Adolescent) Page 2 Client Name: ? (??ate?K Client No CHEMICAL USE: PSYCHIATRIC /CHEMICAL DEPENDENCY TREATMENT: I812 TIME: PHYSICAL/SEXUA..L ABUSE HISTORY: OTHER: MENTAL STATUS EYAMINkTION Appearance, Behavior, Attitude: Somatic Complaints and Functioning: zy-Ljx - Emotional State - Affective Reactions: °`L7? Perceptual Disturbances Thought Disturbances: Outpatient Pzogram Clinical Assessment (Child/Adolescent) Page 3 Client Name : Client No: ?1C3 Z.?Z Y/Z Orientation and Awareness: X 3 Memory/Recall: Judgement/Insight: Suicide History and Current Risk: Violence History and Current Risk: f7?T?;7e L, '-Czz/??GJS OUT IZIMY/ ALMITTING DIAGNOSIS e?2J/Z zc/ Axis I Axis II Axis III (client report) Axis IV Pais V (GAF) ?- SU194ARY PROBLEMS TO BE ADDRESSED IN TREATMENT Clinician Signature Supervisor S nature R..?T n?/oi/95 Outpatient Program Clinical Assessment (Child/Adolescent) Page 4 Client Name : -?Z/?4- Client No : ?--? - Continuation Page (Note which section is being continued) h H; _ 3T=VFNS OUTPhTIENT SERVIC?j INITIAL TRF ATMENT PLAN Client Name: 02' _L -LG°.17 S.S.N. JCOG '3 3 J Date of Birth: ( /3 I / GO J MA P.ecio. r A &.„rUl Primary Psychiatrist: .ll A Date Plan Prepared: Does client see a Psychiatrist? YES - NO L,'?At Steven's? YES__ NO -'?If Yes, list client's current medications: Current DSM-IV Diagnosis: Axis I: 3L3 , $ L c) on 4x is 11: ----7 9 ?. t 'resenting Problem: ;ehavioral Definition of Presenting Problem: S Axis.lll: flI Axis IV: None Mild !?Kcoderate Severe Axis V:GAF50 J-e- a- - 3 yr-.s Dng-Term Goal: scharge Criteria: solved): A (Indicators of the presence of positive behavioral changes that will occur when the presenting problem is J Client Name: LI L ILA-C, Date or Birth: /CC , f MA Recip. T _ Objectives: ?66 Ica . ?1 - ?? 2 C-q,,-, Q C ?k 1 X rc1c fh c 3 Tarcet Date: Interventions: al 'repared by: 4 ;lient Signature: 'sychiatrist: 71 w? )P Supervisor: Date: © C) S Date: ° Date: Date: jJi? DS Text Review Date: L 'Date Prepared" + 90 days) NN" / STEVEN'S OUTPATIENT SERVlrF---S; .EATMENT PLAN REVIEW/LIPDA . C' T I ? 33 S -<-? ? <, ?•!? Client Name:,, (k r'v=7 -14 /-? S.S.N. C Date of Birth: ] Z? / 3 I / CC, 11 a Date Plan Prepared: ?// a / o S Primary Psychiatrist: Does client see a Psychiatrist? YES - NO _ At Steven's? YES_ NOS , : If Yes, list client's current medications: Current DSM-IV Diagnosis: Axis l: 31 3., %1 06.0 Axis 11:'-7(/ 9 ? Axis III: C)O "P Axis IV:_ Y,OCZQ-1 c.h - W--(l Axis V: S (-"j Progress/Regression From Last Plan: k le - Arv O 2_ Itilc't-? r 'repared by: -1lient Signatt 'sychiatrist: DP Supervisc text Review "Date Prepared T 90 days Target Date: / Q /05 Oz- 7 //at /65 InteRlentions: Client Name: Date of Birth: I l l r G S.S.N. 3 l'e? i 'wilt f(( l)'?;,t' 7 ?l iex.edf? 7 / 1AIc;3 c1 l 'iu i?^-CCU r Prepared by: Client Signature: Psychiatrist: OP Supervisor: Next Review Date: ("Date Prepared" + 90 days Date: 7 //a 6 r Dater Oak Date: Date: . ,/ i o N H 5 NORTHWESTERN HUMAN SERVICES OF CENTRAL/WESTERN REGION April 5, 2005 This Letter is in regards to the counseling Cameron Keebaugh has been receiving at The Stevens Center in Carlisle, PA. Cameron began counseling on 10/13/04 due to his temper tantrums, defiance, anger issues and witnessing his father physically and verbally abuse his mother. The goals are for Cameron to decrease his temper tantrums and inappropriate behaviors and for Cameron to express his feelings appropriately. Play therapy has been utilized with Cameron. Behavior modification and parenting strategies have been discussed with his mother. On March 31, 2005 this therapist made a referral to Edgewater BHRS (wraparound program) for Cameron to get a Behavior Specialist and have an evaluation to qualify for TSS services due to his aggressive and defiant behaviors. Sincerely, Laura Staub, MA Therapist THE STEVEN'S CENTER- 33 STATE AVENUE 0 CARLISLE, PA 17013 - (717) 243-6033 - 06/27/2005 03:33 7175305315 TRINITYDAY CENTER PAGE 01 June 27, 2005 Ms. Kara Haggerty: 1 was asked by Ms. I,aci Destefimo, mother of Cameron Keebaugh, regarding Cameron's behavior in Trinity Day Care Center. On Frid a conference call with Cameron's mother, father, and three other ch specialists. I was asked some of the following questions and respon Describe Cameron's behavior while in school: Cameron does very well in one-on-one or structured time with his ti problems seem to happen when he has a choice of what he would lI aftvmoons. He often uses his hands on other children to push, grab, continually reminded about his behavior and time-out is used when of control. The children in Cameron's class shy away from him wht rough, usually causing Cameron to try harder to get their attention 1 his hands. We are working very hard on getting Cameron to use his feelings. In your opinion, is Cameron acting any different than other children write this letter June 24th I was on behavior I as this: Dhers. His behavior to play in the t, etc... Cameron is ameron gets too out his behavior gets once again using ordsto describe his his age group? Cameron needs to be reminded about his behavior much utore than ai?y other children in his class. Sometimes he is reminded as much as every five minutes. When asked what he p(t?omake hiis friends cry, he usually cannot answer or simply 4v repeats that he is is doing 11sorry, sorrJ, soryJ "• 4 Do you feel that Cameron has a behavior problem? All of the teachers at Trinity are trained in child development but not necessarily child psychology. Cameron does seem to have more behavior problems than his peers and also a unique family situation that could be causing him to act out aggression in different ways. I feel that Cameron can only benefit from a behavioral specialist and we at Trinity would be happy to help m any way that we can. Our policy at, Trinity is one of absolutely no violence and Cameron's mother has already received a verbal waning. If Cameron's behavior does not improve we will possibly suspend his care. I hope that I have provided you with the information you need to help) Cameron receive whatever care he may need. Any questions, please feel free to call mej 530-5315. Sii?/n?cneX{rrcly, li1. 4r/ i qil ? Allison Ta outman, Director tDCC I, LACEY DeSTEFANO, verify that the statements made. in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 06 4 ' 1J?1Jc CA LACEY DeSTEFANO CERTIFICATE OF SERVICE AND NOW, this 28`h day of June, 2005, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the Petition for Special Relief by depositing, or causing; to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Mark Emery 410 N. 2„ a Street Harrisburg, PA 17101 DATE U3 0 S Respectfully submitted, ABom & Kr m uus, LLP Kara W. Haggerty, Esq 36 South Hanover Strei Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for Petitioner tip y RECEIVED JUN 29 7nr ? SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO, 2002-1048 CIVIL TERM LACEY DeSTEFANO, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this lk-t? day of , 2005, upon consideration 61 67 of the attached Petition for Special Relief, it is ORDERED and DECREED that the Petition is hereby granted. The parties' minor child, Cameron Keebaugh, shall remain in therapy until successfully discharged. Furthermore, the parties will comply with all recommendations of the child's therapists, including but not limited to, ensuring the child's attendance at all counseling or therapy appointments. In the alternative, a hearing is scheduled on said Petition for Special Relief on the,'2614 day of - 2005, at 9%.- ?n. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Hess, J. Distribution: Kara W. Haggerty, Esquire For the Petitioner Mark Emery, Esquire For the Respondent 9-13-05 0 All Nnrr, 00 : I I IM E I Ifir SON :'Hi -10 Shawn D. Keebaugh, Plaintiff VS. Lacey DeStefano, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1048 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MOTION TO AMEND ORDER OF JUNE 12.2005 AND NOW, comes the Petitioner, Shawn D. Keebaugh, by and through his attorney, Mark K. Emery, Esquire, and files this Motion to ,Amend Order of June 12, 2005, as follows: 1. Defendant Lacey DeStefano filed an ex parte Petition for Special Relief on June 28, 2005, and the Honorable Kevin A. Hess issued an Order dated July 12, 2005. As such Petition was never served upon Plaintiff, no opportunity was had to respond prior to the issuance of the Court's order. Plaintiff s Answer is being filed contemporaneously herewith, and is attached hereto as Exhibit "A" and incorporated fully herein by reference. 2. As set forth in Defendant's Answer, Plaintiff was never provided any information regarding the therapy, nor allowed any input in the selection of the therapist, treatment to be provided, or even scheduling of appointments. 3. The current custody arrangement is on a "week on/week off' basis. 4. Upon obtaining the Court's Order of July 12, 2005, Defendant immediately set up appointments for the child during the periods the child is in Plaintiffs custody, without any consultation with Plaintiff. 5. Defendant unilaterally selected a therapist in Lower Paxton, Dauphin County. This therapist is approximately an hour drive from Plaintiff's home in Shippensburg. 6. Defendant scheduled evening appointments for Cameron while he is in Plaintiff's custody, even though Defendant is fully aware that Plaintiff works the third-shift, and evening appointments would be a substantial burden upon him. 7. It is believed Defendant took such action so as to establish appointments she knew Plaintiff could not attend, and thereby claim Plaintiff was in breach of an Order he had not yet even received. 8. Pursuant to Local Rule 206-2, this proposed Motion was provided to Defendant's counsel on July 22, 2005, with a request to advise if she concurs. No response has been provided. 9. In the period since Defendant's counsel was provided the proposed Motion, Defendant has again unilaterally selected a treating source for Cameron, without any attempt to allow Plaintiff review of, or input into, such decision. 10. On July 27, 2005, at or about 4:30 p.m., Defendant left a message for Plaintiff that she would be engaging a Behavioral Therapist the next day. Neither Defendant, nor her counsel, have provided any information as to the identify of the therapist. Nor have they the opportunity for Plaintiff to meet with the therapist, determine the therapist's methods, or engage in any other opportunity to be involved in Cameron's treatment decisions. 11. Plaintiff requests the Court amend its Order of July 12, 2005 to prohibit Defendant from making any future treatment decisions without first advising Plaintiff and obtaining Plaintiff's consent, and prohibit Defendant from unilaterally scheduling therapy appointments during the periods of custody enjoyed by Plaintiff. 12. Plaintiff's requests are fully within the bounds of the law already established under the Divorce Code, 23 Pa. C.S.A.§5301 et seq, and in particular 23 Pa. C.S.A. §5309. WHEREFORE, Plaintiff respectfully requests this Honorable Court amend its Order of July 12, 2005 to prohibit Defendant from making any further unilateral decisions regarding the therapy of the party's child, and further prohibit Defendant from unilaterally scheduling appointments during Plaintiff's periods of custody. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: July 28, 2005 VERIFICATION I, Shawn Keebaugh, verify that the statements made in this Motion to Amend Order, 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. Section 4904, relating to unsworn falsification to authorities. Date: 7/-72/&.57 ; j 7/ -- Shawn Kee uagh Shawn D. Keebaugh, Plaintiff VS. Lacey DeStefano, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1048 CIVIL TERM CIVIL ACTION LAW IN CUSTODY PLAINTIFF/RESPONENT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff/Respondent, Shawn D. Keebaugh, by and through his attorney, Mark K. Emery, Esquire, and files this Answer to Petition for Special Relief as follows: Admitted. 2. Admitted. By way of further response, at such custody conciliation Petitioner's counsel advised the undersigned that she did not have access to the counseling records of the child's then current therapist, Laura Staub. Such records had been repeatedly requested from Defendant's counsel. (See correspondence attached and incorporated herein as Exhibit "A") The undersigned subsequently was advised by Ms. Staub that those records were readily available but had not been provided to the undersigned because Petitioner had continually failed and refused to provide a copy of the Custody Order, indicating that Respondent had shared legal custody of Cameron, and thereby was entitled to such records. 3. Admitted. 4. Admitted. 5. Admitted. COUNTI 6. Paragraphs 1 through 5 are incorporated fully herein by reference. Denied. The current custody order calls for a week on/week off schedule. During Cameron's periods of custody with Respondent, Cameron spends the evenings with Respondent's parents. Cameron has not been exhibiting behavioral problems while in the custody of Respondent or Respondent's parents. It is believed that any behavioral problems Cameron exhibits during custodial times with Petitioner are due to Petitioner's poor parenting skills and unstable lifestyle. 8. Admitted upon information and belief. Although Petitioner failed to keep Respondent informed of such activities, and actively stalled Respondent's ability to obtain records and information from that therapist, based upon the records finally obtained from Ms. Staub it appears that the initial assessment was conducted in or about October, 2004, and play therapy was conducted up to May 2005. It is unknown if such therapy was done on a bi- weekly basis. 9. Respondent incorporates paragraph 8 fully herein by reference. 10. Denied. Paragraph 10 refers to a writing, which speaks for itself. By way of further response, Petitioner unilaterally ended the play therapy being provided by Ms. Staub. Such action, and the selection of a new play therapist, was done without consulting Respondent, or providing any advance notice to Respondent. 11. Admitted. Although Petitioner never advised Respondent of her decisions to commence therapy with Amy Schuler, Respondent did become aware of Ms. Schuler's involvement on June 24, 2005. On that date a teleconference was held with the parties, in which Ms. 2 Schuler participated. This was the first time Respondent became aware that Ms. Schuler was involved in Cameron's therapy. Prior to commencing treatment, Respondent had no opportunity to inquire as to Ms. Schuler's qualifications, training, treatment methods or any other information due him as joint legal custodian of Cameron. Through the conduct of Petitioner, Cameron has been moved from therapist, to therapist, to therapist without advising Respondent of her conduct or allowing Respondent input as to the treatment. The last information provided by Petitioner, which turned out to be false, was that Cameron was going to be treated at Edgewater Psychiatric Center with psychotropic medications. When Respondent protested that this was a. serious matter to commence such medication for a four-year-old child, Petitioner responded that she would medicate Cameron without his consent. Petitioner further stated that that she would tell the therapists that Cameron's problems were his fault. When Respondent stated that she was lying, Petitioner responded that "as long as it gets me Cameron, and more money, oh well." It thereafter became clear that Petitioner was trying to manipulate the therapy, and exclude Respondent, so that she could make allegations of physical abuse against Respondent, and claim that is the reason for any of Cameron's alleged problems. Only after the undersigned obtained the records from Edgewater was it determined that Petitioner was lying, and Edgewater made no such recommendation for psychotropic treatment, nor was Edgewater even involved in any treatment of Cameron. It was later found out directly from Edgewater that they never engaged in any treatment of Cameron, and merely provided one of their contract psychologists to conduct an evaluation of Cameron. Edgewater was not aware of why they were not contacted to conduct the follow up treatment, and had no knowledge of Petitioner's selection of Ms. Schuler as the new therapist. Petitioner's conduct is a continuation of her manipulative efforts designed to enhance her ability to obtain primary physical custody of Cameron. Petitioner has twice filed meritless Petitions for Protection from Abuse. Each time the PFA was filed shortly before Petitioner moved for primary physical custody o1' Cameron. The first PFA was withdrawn only after the undersigned threatened that he would file for sanctions against her. (See Docket Number 2002-983) The second PFA was denied by the Honorable J. Wesley Oler. (See Docket Number 05-974) Despite her complete lack of any evidence or support for such allegations, Petitioner has told each therapist and evaluator that the cause of Cameron's alleged problems are due to witnessing Respondent physically assault her. Petitioner's conduct is also a continuance of her failure and refusal to provide information due Respondent in accordance with 23 Pa.C.S.A. §5309. Petitioner had failed and refused to provide her address to Respondent. Despite repeated demands and the filing of a Petition for Special Relief. Such information was only provided on the day Petitioner was required to file an Answer to a Rule to Show Cause why such information should be disclosed. Petitioner could have disclosed that information at any time prior, but did so only at the last possible moment. There was no good faith reason to withhold such information. 12. Admitted in part. Denied in part. It is admitted that the undersigned sent correspondence to Judy Scott of Edgewater, voicing Respondents concerns regarding the alleged treatment being provided to Cameron. A copy of such letter is attached and incorporated 4 herein as Exhibit "B". The reason for such letter is Respondent had no knowledge that Cameron was being treated and/or evaluated at Edgewater. As shown by a review of the referenced letter, Respondent objected to the use of any psychotropic drugs and objected to any treatments or decisions being made until he had the opportunity to be involved and to obtain relevant records of all past treatments. Concurrently with sending the referenced letter to Edgewater, the undersigned directed correspondence to Petitioner's counsel, also stating that any treatment decisions must be made with Respondent's review and input. (A copy of such letter is attached and incorporated herein as Exhibit "C") Rather than responding in any way, Petitioner filed an ex parte Petition for Special Relief, filed on June 28, 2005, which materially misrepresented the position of Respondent. As clearly shown in these letters, Respondent objected only to Petitioner making unilateral decisions, and was demanding that Petitioner cease abrogating Respondents rights as joint legal custodian. It was specifically requested that any drug therapy immediately cease, as it was not then known that Petitioner had misrepresented that such was about to occur. Petitioner's counsel failed to contact the undersigned to discuss this matter prior to filing the petition, failed to comply with Local Rule 206-2, failed to advise the undersigned of the filing, and, despite a Certification of Service stating the contrary, failed to serve it upon the undersigned. The Petition was only served on July 15, 2005, after the Court issued its order. 13. Admitted. It is admitted that Petitioner's secretary requested a copy of the correspondence. 14. Admitted. It is admitted that such conference call took place. However, due to the fact that Respondent had received no information regarding the prior treatments, and was unaware that a new therapist was now involved, he was unable to make any informed decision regarding Cameron's treatment. 15. Denied. It is specifically denied that Respondent was encouraged to participate in Cameron's therapy by either the therapist or Petitioner. In fact, Petitioner has actively hindered Respondent's ability to involve himself in such therapy, and has actively manipulated the therapy in order to bolster her claim for primary physical custody. Only through extensive, time-consuming and costly efforts has Respondent been able to obtain Cameron's medical records and information regarding his treatment and treatment decisions. 16. Denied. It is specifically denied that Respondent has refused to take Cameron to any therapy appointments. Respondent has been unaware of any scheduled therapy appointments, and at times, who was even conducting the therapy. 17. Denied. Respondent incorporates paragraph 16 fully herein by reference. 18. No response is required as to what Petitioner believes. 19. No response is required as to what Petitioner believes. 20. No response is required as to what Petitioner believes. WHEREFORE, Respondent respectfully requests this Honorable Court deny the Petition for Special Relief. COUNTII 21. Paragraphs one through twenty are incorporated fully herein by reference. 22. Denied. Respondent incorporates paragraph 15 fully herein. 23. Denied. Petitioner knowingly misstates Respondent's position. Respondent has simply requested, on numerous occasions from both Petitioner and Petitioner's counsel, that he be provided the information regarding Cameron's past and current therapy sessions and to be included in any treatment decisions. 24. Denied as a conclusion of law. WHEREFORE, Respondent respectfully requests this Honorable Court deny the Petition for Special Relief. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Gl ' - Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Respondent DATE: July 28, 2005. LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K.,Emery, Esquire May 5, 2005 Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Fax (717) 238-9884 e-mail memerylaw@aol.com RE: Keebaugh v. DeStefano No. 2002-1048 (Cumberland) Dear Kara: As you maybe aware, the Petition for Protection From Abuse filed by Ms. DeStefano has been denied, and therefore the temporary Order has been vacated. I enclose a copy of the Court's Order. Based on this, and the fact that (vn(J} Lj, Shawn has no idea where Ms. DeStefano resides, I request that you immediately O n provide her address so that my client knows where his son is every other week. O I also want to follow up on my request for Cameron's therapy records. I@ am in the process of forwarding Authorizations to the Stevens Center to obtain those records. However, I am sure your client could obtain them much more quickly, and allow for my review prior to the Conciliation Conference. Thank you. Very truly yours, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery MKE/vh enclosure LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17102 (717)238-9883 Mark K. Emery, Esquire June 22, 2005 Ms. Judy Scott Edgewater Psychiatric Services 1801 N. Front Street Harrisburg, PA 17102 Via fax 238-0692 Fax (717) 238-9884 e-mail memerylaw@aol.com RE: Cameron Keebaugh Dear Ms. Scott: I represent Shawn Keebaugh, the father of Cameron Keebaugh. As I assume you are aware, my client has shared legal custody of Cameron, and therefore is entitled to obtain all medical, counseling or other treatment records. To that end I enclose a copy of the Order and an Authorization and Release, and ask that all such records be forwarded to me at your earliest opportunity. O More important, the child's mother has informed my client that Cameron is being prescribed psychotropic medications. While I do not necessarily believe that such is occurring, it raises a substantial concern that Cameron is receiving medical treatment without the knowledge or input of his father. This is a particular concern based upon issues regarding Lacey's credibility. By this letter I am advising Edgewater Psychiatric Services that my client does not consent to any further treatment or counseling, including but not limited to the prescription or dispensing of medications, and hereby demands that all such treatment cease. Upon my clients review of Cameron's medical records, he would welcome the opportunity to meet with you so that the parties may, jointly, determine the best course of treatment for their child. Should you have any questions, please contact ime. Thank you. Very truly yours, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery 0 MKE/vh LAW OFFICES OF MARK IL EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K. Emery, Esquire Fax (717) 238-9884 e-mail memerylaw@aol.com June 23, 2005 Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Dear Kara: RE: Keebaugh v. DeStefano No. 2002-1048 (Cumberland) Recently your client has advised Shawn that Cameron is going to be medicated for some alleged psychiatric issue. I have contacted Edgewater ^ Psychiatric Services and advised them that they are to cease any such treatment (?n(Jl immediately. Your client has not kept Shawn involved iin Cameron's treatment or O O these serious medical decisions, and we will not allow them without Shawn's 0 review and input. More important, your client's credibility is lacking, and I strongly believe she is providing false information to the treating sources. The alleged issues involving Cameron do not manifest themselves while in Shawn's custody, and my discussions with Cameron's daycare also leads me to the conclusion that Cameron's alleged issues appear mainly while with your client. I have requested Cameron' medical records from Edgewater, since we can not get any information from your client. Upon their review we will determine how to proceed. In the interim, we demand that your client not commence or continue any medical treatment without Shawn's consent. Very truly yours, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery MKE/vh VERIFICATION I, Shawn Keebaugh, verify that the statements made in this Answer to Petition for Special Relief, 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. Section 4904, relating to unworn falsification to authorities. Date: - <-?> Shawn Keebu CERTIFICATE OF SERVICE AND NOW, this 28° day of July, 2005, I, Mark K. ]Emery, Esquire do hereby certify that I have served the foregoing Answer to Petition for Special Relief by mailing a true and correct copy via United States first class mail, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery CERTIFICATE OF SERVICE AND NOW, this 28th day of July, 2005, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Motion to Amend Order of June 12, 2005 by mailing a true and correct copy via United States first class mail, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery ?? ?j? ?1 Yr ?' ?_, o -?i .a :, _' `,; .. c> . __ Shawn D. Keebaugh, Plaintiff VS. Lacey DeStefano, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1048 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF/RESPONENT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff/Respondent, Shawn D. Keebaugh, by and through his attorney, Mark K. Emery, Esquire, and files this Answer to Petition for Special Relief as follows: Admitted. 2. Admitted. By way of further response, at such custody conciliation Petitioner's counsel advised the undersigned that she did not have access to the counseling records of the child's then current therapist, Laura Staub. Such records had been repeatedly requested from Defendant's counsel. (See correspondence attached and incorporated herein as Exhibit "A") The undersigned subsequently was advised by Ms. Staub that those records were readily available but had not been provided to the undersigned because Petitioner had continually failed and refused to provide a copy of the Custody Order, indicating that Respondent had shared legal custody of Cameron, and thereby was entitled to such records. 3. Admitted. 4. Admitted. 5. Admitted. COUNTI 6. Paragraphs 1 through 5 are incorporated fully herein by reference. Denied. The current custody order calls for a week on/week off schedule. During Cameron's periods of custody with Respondent, Cameron spends the evenings with Respondent's parents. Cameron has not been exhibiting behavioral problems while in the custody of Respondent or Respondent's parents. It is believed that any behavioral problems Cameron exhibits during custodial times with Petitioner are due to Petitioner's poor parenting skills and unstable lifestyle. 8. Admitted upon information and belief. Although Petitioner failed to keep Respondent informed of such activities, and actively stalled Respondent's ability to obtain records and information from that therapist, based upon the records finally obtained from Ms. Staub it appears that the initial assessment was conducted in or about October, 2004, and play therapy was conducted up to May 2005. It is unknown if such therapy was done on a bi- weekly basis. 9. Respondent incorporates paragraph 8 fully herein by reference. 10. Denied. Paragraph 10 refers to a writing, which speaks for itself. By way of further response, Petitioner unilaterally ended the play therapy being provided by Ms. Staub. Such action, and the selection of a new play therapist, was done without consulting Respondent, or providing any advance notice to Respondent. 11. Admitted. Although Petitioner never advised Respondent of her decisions to commence therapy with Amy Schuler, Respondent did become aware of Ms. Schuler's involvement on June 24, 2005. On that date a teleconference was held with the parties, in which Ms. Schuler participated. This was the first time Respondent became aware that Ms. Schuler was involved in Cameron's therapy. Prior to commencing treatment, Respondent had no opportunity to inquire as to Ms. Schuler's qualifications, training, treatment methods or any other information due him as joint legal custodian of Cameron. Through the conduct of Petitioner, Cameron has been moved from therapist, to therapist, to therapist without advising Respondent of her conduct or allowing Respondent input as to the treatment. The last information provided by Petitioner, which turned out to be false, was that Cameron was going to be treated at Edgewater Psychiatric Center with psychotropic medications. When Respondent protested that this was a serious matter to commence such medication for a four-year-old child, Petitioner responded that she would medicate Cameron without his consent. Petitioner further stated that that she would tell the therapists that Cameron's problems were his fault. When Respondent stated that she was lying, Petitioner responded that "as long as it gets me Cameron, and more money, oh well." It thereafter became clear that Petitioner was trying to manipulate the therapy, and exclude Respondent, so that she could make allegations of physical abuse against Respondent, and claim that is the reason for any of Cameron's alleged problems. Only after the undersigned obtained the records from Edgewater was it determined that Petitioner was lying, and Edgewater made no such recommendation for psychotropic treatment, nor was Edgewater even involved in any treatment of Cameron. It was later found out directly from Edgewater that they never engaged in any treatment of Cameron, and merely provided one of their contract psychologists to conduct an evaluation of Cameron. Edgewater was not aware of why they were not contacted to conduct the follow up treatment, and had no knowledge of Petitioner's selection of Ms. Schuler as the new therapist. Petitioner's conduct is a continuation of her manipulative efforts designed to enhance her ability to obtain primary physical custody of Cameron. Petitioner has twice filed meritless Petitions for Protection from Abuse. Each time the PFA was filed shortly before Petitioner moved for primary physical custody of Cameron. The first PFA was withdrawn only after the undersigned threatened that he would file for sanctions against her. (See Docket Number 2002-983) The second PFA was denied by the Honorable J. Wesley Oler. (See Docket Number 05-974) Despite her complete lack of any evidence or support for such allegations, Petitioner has told each therapist and evaluator that the cause of Cameron's alleged problems are due to witnessing Respondent physically assault her. Petitioner's conduct is also a continuance of her failure and refusal to provide information due Respondent in accordance with 23 Pa.C.S.A. §5309. Petitioner had failed and refused to provide her address to Respondent. Despite repeated demands and the filing of a Petition for Special Relief. Such information was only provided on the day Petitioner was required to file an Answer to a Rule to Show Cause why such information should be disclosed. Petitioner could have disclosed that information at any time prior, but did so only at the last possible moment. There was no good faith reason to withhold such information. 12. Admitted in part. Denied in part. It is admitted that the undersigned sent correspondence to Judy Scott of Edgewater, voicing Respondents concerns regarding the alleged treatment being provided to Cameron. A copy of such letter is attached and incorporated 4 herein as Exhibit "B". The reason for such letter is Respondent had no knowledge that Cameron was being treated and/or evaluated at Edgewater. As shown by a review of the referenced letter, Respondent objected to the use of any psychotropic drugs and objected to any treatments or decisions being made until he had the opportunity to be involved and to obtain relevant records of all past treatments. Concurrently with sending the referenced letter to Edgewater, the undersigned directed correspondence to Petitioner's counsel, also stating that any treatment decisions must be made with Respondent's review and input. (A copy of such letter is attached and incorporated herein as Exhibit "C") Rather than responding in any way, Petitioner filed an ex parte Petition for Special Relief, filed on June 28, 2005, which materially misrepresented the position of Respondent. As clearly shown in these letters, Respondent objected only to Petitioner making unilateral decisions, and was demanding that Petitioner cease abrogating Respondents rights as joint legal custodian. It was specifically requested that any drug therapy immediately cease, as it was not then known that Petitioner had misrepresented that such was about to occur. Petitioner's counsel failed to contact the undersigned to discuss this matter prior to filing the petition, failed to comply with Local Rule 206-2, failed to advise the undersigned of the filing, and, despite a Certification of Service stating the contrary, failed to serve it upon the undersigned. The Petition was only served on July 15, 2005, after the Court issued its order. 13. Admitted. It is admitted that Petitioner's secretary requested a copy of the correspondence. 14. Admitted. It is admitted that such conference call took place. However, due to the fact that Respondent had received no information regarding the prior treatments, and was unaware that a new therapist was now involved, he was unable to make any informed decision regarding Cameron's treatment. 15. Denied. It is specifically denied that Respondent was encouraged to participate in Cameron's therapy by either the therapist or Petitioner. In fact, Petitioner has actively hindered Respondent's ability to involve himself in such therapy, and has actively manipulated the therapy in order to bolster her claim for primary physical custody. Only through extensive, time-consuming and costly efforts has Respondent been able to obtain Cameron's medical records and information regarding his treatment and treatment decisions, 16. Denied. It is specifically denied that Respondent has refused to take Cameron to any therapy appointments. Respondent has been unaware of any scheduled therapy appointments, and at times, who was even conducting the therapy. 17. Denied. Respondent incorporates paragraph 16 fully herein by reference. 18. No response is required as to what Petitioner believes, 19. No response is required as to what Petitioner believes. 20. No response is required as to what Petitioner believes. WHEREFORE, Respondent respectfully requests this Honorable Court deny the Petition for Special Relief. 6 COUNT II 21. Paragraphs one through twenty are incorporated fully herein by reference. 22. Denied. Respondent incorporates paragraph 15 fully herein. 23. Denied. Petitioner knowingly misstates Respondent's position. Respondent has simply requested, on numerous occasions from both Petitioner and Petitioner's counsel, that he be provided the information regarding Cameron's past and current therapy sessions and to be included in any treatment decisions. 24. Denied as a conclusion of law. WHEREFORE, Respondent respectfully requests this Honorable Court deny the Petition for Special Relief. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Respondent DATE: July 28, 2005. 7 LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K..Emery, Esquire Fax (717) 238-9884 e-mail memerylaw@aol.com May 5, 2005 Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Dear Kara: RE: Keebaugh v. DeStefano No. 2002-1048 (Cumberland) As you maybe aware, the Petition for Protection From Abuse filed by Ms. DeStefano has been denied, and therefore the temporary Order has been vacated. I enclose a copy of the Court's Order. Based on this, and the fact that a Shawn has no idea where Ms. DeStefano resides, I request that you immediately O provide her address so that my client knows where his son is every other week. • I also want to follow up on my request for Cameron's therapy records. I am in the process of forwarding Authorizations to the S1:evens Center to obtain those records. However, I am sure your client could obtain them much more quickly, and allow for my review prior to the Conciliation Conference. Thank you. Very truly yours, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery MKE/vh enclosure LAW OFFICES OF MARK IC EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K. Emery, Esquire June 22, 2005 Ms. Judy Scott Edgewater Psychiatric Services 1801 N. Front Street Harrisburg, PA 17102 Via fax 238-0692 Dear Ms. Scott: Fax (717) 238-9884 e-mail memerylaw@aol.com RE: Cameron Keebaugh I represent Shawn Keebaugh, the father of Cameron Keebaugh. As I assume you are aware, my client has shared legal custody of Cameron, and therefore is entitled to obtain all medical, counseling or other treatment records. To that end I enclose a copy of the Order and an Authorization and Release, and ask that all such records be forwarded to me at your earliest opportunity. More important, the child's mother has informed my client that Cameron is O being prescribed psychotropic medications. While I do not necessarily believe that such is occurring, it raises a substantial concern that Cameron is receiving medical treatment without the knowledge or input of his father. This is a particular concern based upon issues regarding Lacey's credibility. By this letter I am advising Edgewater Psychiatric Services that my client does not consent to any further treatment or counseling, including but not limited to the prescription or dispensing of medications, and hereby demands that all such treatment cease. Upon my clients review of Cameron's medical records, he would welcome the opportunity to meet with you so that the parties may, jointly, determine the best course of treatment for their child. Should you have any questions, please contact me. Thank you. Very truly yours, LAW OFFICES OF MARK K. EMERY By: MKE/vh Mark K. Emery cig Q LAW OFFICES OF MARK K. EMERY Mark K. Emery, Esquire Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Fax (717) 238-9884 e-mail memerylaw@aol.com June 23, 2005 RE: Keebaugh v. DeStefano No. 2002-1048 (Cumberland) Dear Kara: Recently your client has advised Shawn that Cameron is going to be medicated for some alleged psychiatric issue. I have contacted Edgewater ^ n Psychiatric Services and advised them that they are to cease any such treatment (`}('1(Jl rol immediately. Your client has not kept Shawn involved in Cameron's treatment or O these serious medical decisions, and we will not allow them without Shawn's O review and input. More important, your client's credibility is lacking, and I strongly believe C9 she is providing false information to the treating sources. The alleged issues involving Cameron do not manifest themselves while in Shawn's custody, and my discussions with Cameron's daycare also leads me to the conclusion that Cameron's alleged issues appear mainly while with your client. I have requested Cameron' medical records from Edgewater, since we can not get any information from your client, Upon their review we will determine how to proceed. In the interim, We demand that your client not commence or continue any medical treatment without Shawn's consent, Very truly yours, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery MKE/vh VERIFICATION I, Shawn Keebaugh, verify that the statements made in this Answer to Petition for Special Relief, 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. Section 4904, relating to unsworn falsification to authorities. Dater Shawn Keebu CERTIFICATE OF SERVICE AND NOW, this 281h day of July, 2005, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Answer to Petition for Special Relief by mailing a true and correct copy via United States first class mail, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery ,?-, ?, ,? .A i ? . ? C ? ?.} 1.? f . to ` , iJ ? SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 1048 CIVIL 2002 LACEY DESTEFANO, Defendant/Petitioner IN CUSTODY IN RE: TEMPORARY CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 26th day of August, 2005, after hearing, the parties have agreed to a :stipulated custody order which shall be as follows: The parties shall maintain the current custody schedule which provides for a week-on, week-off basis, with all exchanges of custody to occur at the child's day-care center on Fridays of each week. In the event day-care is closed, or exchanges as set forth furtr.er herein occur outside of normal day-care hours, all exchanges shall occur at the Sheetz located on the Ritner Highway in Carlisle. Until such time as the court issues a subsequent order, the parties agree to the following holiday schedule: 1. On Christmas father shall have the child from December 23rd, commencing at his regularly scheduled pick-up time, to Christmas day at 2:00 p.m. The mother shall have the child on Christmas Day at 2:00 p.m. to Tuesday, December 27th at 2:00 p.m. r- I ,lam" i?'?hJ 9 S :01'.''1 0 Z OrN SIR NO. 1048 CIVIL 2002 2. On Thanksgiving Day mother shall have the child from 9:00 a.m. to 3:00 p.m. The father shall have the child from 3:00 p.m. to 9:00 p.m. 3. On New Years' Eve, which is also the child's birthday, father shall have the child from Friday the 30th, at which time mother would normally pick child up, to Saturday the 31st at 12:00 p.m. 4. On any scheduled Trick or Treat night in the municipality in which the parent lives, in the event that parent does not have custody of the child on such week, they may elect to have custody of the child, picking him up from day-care and returning him to day-care the following day. 5. On mother's birthday of September 16th she shall have the option to have the child until 9:00 p.m. in the event it is not on a regularly scheduled day for her. On father's birthday of December 21st he shall have the option of having the child until 9:00 p.m. in the event it is not a regularly scheduled day for him. In addition, the parties shall maintain phone contact on Mondays and Wednesdays of ea.ch week between 7:00 p.m. and 8:00 p.m. The parent who then has custody of the child will insure that the child is available during that period of time. NO. 1048 CIVIL 2002 In the event father cannot provide transportation for the child to any regularly scheduled therapy session and cannot obtain other suitable transportation, he shall contact mother to allow her to provide such transportation. Until such time as the court issues a subsequent order, the parties shall maintain shared legal and physical custody. Further hearing herein to be set for Thursday, February 16th, 2006, at 9:30 a.m. The purpose of this deferral is to allow the parties the opportunity to explore the feasibility of shared custody through implementation of the child's therapy program. The stipulation of the parties with regard to the child's therapy, as announced in open court and in their presence, is herewith made an order of court. By the Court, Kara Haggerty, Esquire For Lacey DeStefanc Mark K. Emery, Esquire For Shawn D. Keebaugh :bg SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. 2002-1048 CIVIL TERM LACEY DeSTEFANO, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z G " day of %nt. 1, 2006, with the concurrence of both parties, it is hereby directed that the hearing scheduled for February 16, 2006, has been RESCHEDULED to the 6" day of April, 2006, at 9:30 a.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: -,"C' , k Kevi Hess, J. Distribution: tx/ara W. Haggerty, Esquire For Lacey DeStefano Aark K. Emery, Esquire For Shawn D. Keebaugh J i z ?9 VV 10 Nor 96OZ A'tlblii ,)F;! ??d 314i 30 3?f?-C-tJ3ll3 SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 02-1048 CIVIL LACEY DESTEFANO, Defendant ORDER AND NOW, this 'J' day of April, 2006, after hearing, it is ordered and directed that week on/week off custody shall continue as heretofore. It is directed that the child, Cameron, be enrolled at the Hamilton School in Carlisle. Our order of August 26, 2005, is amended to provide that in the event that daycare is closed or the child is not otherwise taken to daycare, all exchanges shall occur at the Saylor's Market located on Route 641 in Newville, Cumberland County, Pennsylvania, and each party will provide the other with at least four (4) hours' notice of the change in the pick-up arrangements. In addition, the parties will abide by any specific professional recommendation of any of Cameron's treatment sources and the parties shall, specifically, abide by any course of recommended treatment. BY THE COURT, Xark K. Emery, Esquire For the Plaintiff J .Kara Haggerty, Esquire For the Defendant :rlm a° ? ?, i r l?' ,, yi SHAWN D. KEEBAUGH, Plaintiff V. LACEY DeSTEFANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2002-1048 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Lacey DeStefano, by and through her attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. On August 26, 2005, after hearing, This Honorable Court entered an Order of Court granting the parties shared legal and shared physical custody of their child, Cameron Keebaugh, born December 31, 2000. (See August 26, 2005, Order of Court attached hereto as `Exhibit A'). 2. On April 7, 2006, after hearing, This Honorable Court entered an Order of Court continuing the week on/week off physical custody arrangement, as well as directing the child be enrolled at the Hamilton School in Carlisle. (See April 7, 2006, Order of Court attached hereto as `Exhibit B'). 3. The April 7, 2006, Order of Court specifically provides "In addition, the parties will abide by any specific professional recommendation of any of Cameron's treatment sources and the parties shall, specifically, abide by any course of recommended treatment." COUNT I - PETITION FOR SPECIAL RELIEF 4. Paragraphs one (1) through three (3) are incorporated herein by reference. 5. The child, Cameron Keebaugh, began kindergarten at Hamilton Elementary School for the 2006-2007 school year. 6. The parties utilize before and after school childcare through ChildTime, a program offered by the Carlisle School District. 7. Cameron has been exhibiting behavior problems, including but not limited to, exhibiting violent behavior, both in school but most often at ChildTime. 8. Cameron has been attending play therapy with Amy Schuler from Adams Hanover Counseling Services in Harrisburg, Pennsylvania. 9. From September 16, 2005, to April 28, 2006, Cameron received therapy through a Behavior Specialist at Pennsylvania Counseling Services, as was recommended by his play therapist. 10. Cameron's play therapy resumed once his treatment through the Behavior Specialist had ended. 11. It was recommended that Cameron attend play therapy on a weekly basis; however, due to Respondent's refusal to take Cameron to therapy, Cameron was scheduled to attend play therapy bi-weekly. In fact, Respondent has never taken Cameron to a counseling or therapy appointment. (See October 24, 2006, letter from Amy Schuler and Outpatient Treatment Plan, attached hereto as `Exhibit C'). 12. On multiple occasions, Marie Habib, the Director of the childcare program at ChildTime, has advised both parties that Cameron's behavior at ChildTime is too aggressive and, without assistance, he will not be permitted to remain in their program. 13. Petitioner has addressed Ms. Habib's concerns with Cameron's play therapist, Amy Schuler. 14. Ms. Schuler made a referral to Pennsylvania Counseling Services for Cameron to receive therapy by means of a Therapeutic Staff Support (TSS) due to his behavior at ChildTime. (See Adams-Hanover Counseling Services, Inc. Capital Area Services Outpatient Referral Form, attached hereto as `Exhibit D'). 15. Prior to conducting an evaluation, Pennsylvania Counseling Services requires both parents to provide written consent to conduct the evaluation. 16. Respondent was presented with the consent form, and has refused to sign. 17. On or about October 11, 2006, both Petitioner and Respondent attended a meeting with Ms. Habib at which time Ms. Habib explained in detail the inappropriate incidents involving Cameron at ChildTime. (See October 11, 2006, Documented Behavior form, attached hereto as `Exhibit E'). 18. At that meeting, both parties were advised that if Cameron did not receive TSS, he would be expelled from the program at ChildTime. (See October 11, 2006, Parental Meeting summary, attached hereto as `Exhibit F'). 19. At that meeting, Respondent stated that he wanted to think about the TSS referral over the weekend and would provide written consent for the evaluation the following week. 20. Despite having a Court Order directing him to comply with all treatment recommendations, Respondent continues to refuse to sign the consent form. 21. Despite having a Court Order directing him to abide by any specific professional recommendation of any of Cameron's treatment sources, Respondent refuses to cooperate with any therapy or treatment that Cameron is involved with. 22. Respondent refuses to believe or acknowledge that Cameron has any behavior problems that must be addressed by professional therapists or counselors. 23. Respondent continuously accuses Petitioner for causing or fabricating Cameron's behavior problems, despite the referrals from school personnel and treatment professionals. 24. It is believed and therefore averred that Respondent tells Cameron that his mother is causing the behavior problems in an effort to have Cameron disobey and disrespect his mother. 25. Petitioner believes that it is in Cameron's best interests to obtain an evaluation for a TSS worker as recommended. 26. Petitioner believes that it is in Cameron's best interests for both of his parents to acknowledge and accept his behavior problems in order to achieve the most successful course of treatment. 27. Petitioner believes that it is in Cameron's best interests to be in her primary physical custody until such a time that he is successfully discharged from all therapy or treatment. WHEREFORE, Petitioner respectfully requests This Honorable Court to grant her request for Special Relief and enter an order requiring the child, Cameron Keebaugh, to remain in therapy until discharged. It is further requested that This Honorable Court enter an order requiring Respondent to comply with all recommendations of all therapists, including but not limited to, consenting to the evaluation for Therapeutic Staff Support through Pennsylvania Counseling Services. It is further requested that This Honorable Court enter an order granting Petitioner primary physical custody and Respondent partial physical custody for three out of every four weekends until such a time that Cameron is successfully discharged from all therapy or treatment. COUNT II - PETITION FOR CONTEMPT 28. Paragraphs one (1) through twenty-seven (27) are incorporated herein by reference. 29. Respondent has been encouraged to participate in Cameron's therapy by the therapists and the Petitioner since the start of Cameron's therapy. 30. Respondent has taken steps to actively interfere with and attempt to terminate Cameron's therapy. 31. Despite an Order of Court requiring Respondent to abide by any specific professional recommendation of any of Cameron's treatment sources, Respondent has repeatedly refused to sign the consent form for the evaluation by Pennsylvania Counseling Services for Therapeutic Staff Support. 32. Despite an Order of Court requiring Respondent to abide by any specific professional recommendation of any of Cameron's treatment sources, Respondent has repeatedly refused to sign the consent form for the evaluation by Pennsylvania Counseling Services causing Petitioner to have to cancel two (2) scheduled appointments with the doctor. 33. It is believed and therefore averred that Petitioner has taken extraordinary measures, to include scheduling a meeting for the parties with the Director of Cameron's childcare facility, to attempt to resolve this problem without the need to file a petition with the Court. 34. Respondent's willful failure to abide by This Honorable Court's order is the sole reason that Petitioner had to file this petition. 35. Because Respondent's actions forced Petitioner to file the within Petition, Petitioner believes that Respondent should be responsible for the court costs and attorney's fees associated with bringing this action. WHEREFORE, Petitioner prays that This Honorable Court grant her request for relief, find Respondent in contempt of its Order of Court, and order Respondent to pay the attorney's fees and costs associated with this proceeding. DATE (0 2- J U Respectfully submitted, ABOM& KUTUL4"S, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner VERIFICATION I, LACEY DeSTEFANO, verify that the statements made in this Petition for Special Relief and Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. Date + U ?? _I c, ?z4, k? ? LACEY DeSTEFANO r p°' SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS`-QF / Plaintiff/RespondentY CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 1048 CIVIL 2002 LACEY DESTEFANO, Defendant/Petitioner IN CUSTODY IN RE: TEMPORARY CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 26th day of August, 2005, after hearing, the parties have agreed to a stipulated custody order which shall be as follows: The parties shall maintain the current custody schedule which provides for a week-on, week-off basis, with all exchanges of custody to occur at the child's day-care center on Fridays of each week. In the event day-care is closed, or exchanges as set forth further he in occur outside of normal day-care hours, all exchanges shall occur at the Sheetz located on the Ritner Highway in Carlisle. Until such time as the court issues a subsequent order, the parties agree to the following holiday schedule: 1. On Christmas father shall have the child from December 23rd, commencing at his regularly scheduled pick-up time, to Christmas day at 2:00 p.m. The mother shall have the child on Christmas Day at 2:00 p.m. to Tuesday, December 27th at 2:00 p.m. NO. 1048 CIVIL 2002 2. On Thanksgiving Day mother shall have the child from 9:00 a.m. to 3:00 p.m. The father shall have the child from 3:00 p.m. to 9:00 p.m. 3. On New Years' Eve, which is also the child's birthday, father shall have the child from Friday the 30th, at which time mother would normally pick child up, to Saturday the 31st at 12:00 p.m. 4. On any scheduled Trick or Treat night in the municipality in which the parent lives, in the event that parent does not have custody of the child on such week, they may elect to have custody of the child, picking him up from day-care and returning him to day-care the follo:.,ing day. 5. On mother's birthday of September 16th she shall have the option to have the child until 9:00 p.m. in the event it is not on a regularly scheduled day for her. On father's birthday of December 21st he shall have the option of having the child until 9:00 p.m. in the event it is not a regularly scheduled day for him. In addition, the parties shall maintain phone contact on Mondays and Wednesdays of each week between 7:00 p.m. and 8:00 p.m. The parent who then has custody of the child will insure that the child is available during that period of time. NO. 1048 CIVIL 2002 In the event father cannot provide transportation for the child to any regularly scheduled therapy session and cannot obtain other suitable transportation, he shall contact mother to allow her to provide such transportation. Until such time as the court issues a subsequent order, the parties shall maintain shared legal and physical custody. Further hearing herein to be set for T:-.ursday, February 16th, 2006, at 9:30 a.m. The p.:rpose o= this deferral is to allow the parties the opportunity to explore the feasibility of shared custody through implementation of the child's therapy program. The stipulation of the parties with regard to the child's therapy, as announced in open court and in their presence, is herewith made an order of court. By the Court, Kara Haggerty, Esquire For Lacey DeStefano Mark K. Emery, Esquire For Shawn D. Keebaugh :bg TRU S. COPI FROM R O W Ip Tod" w1w , i rsats unto set mgr hznd a4i the a ai of ,saw WAd at ca", Pa. Tits Yo, dam Prothonftf i(.L A?P R I 0 2006 SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 02-1048 CIVIL LACEY DESTEFANO, Defendant ORDER AND NOW, this I ' day of April, 2006, after hearing, it is ordered and directed that week on/week off custody shall continue as heretofore. It is directed that the child, Cameron, be enrolled at the Hamilton School in Carlisle. Our order of August 26, 2005, is amended to provide that in the event that daycare is closed or the child is not otherwise taken to daycare, all exchanges shall occur at the Saylor's Market located on Route 641 in Newville, Cumberland County, Pennsylvania, and each party will provide the other with at least four (4) hours' notice of the change in the pick-up arrangements. In addition, the parties will abide by any specific professional recommendation of any of Cameron's treatment sources and the parties shall, specifically, abide by any course of recommended treatment. BY THE COURT, Mark K. Emery, Esquire For the Plaintiff Kara Haggerty, Esquire For the Defendant rlm oil OCT-24-2006 05:10PM FROM- T-385 P-002/002 F-893 NOW A D A M S HANOVER 625 West , Forrest Ave„ Hanover, PA 17331 - Tel: 717-832-4900 FaX 717-8323367 ?' IuN 73 E, Forrest Ave., Shrewsbury, PA 17381 • Tel; 717-235.0199 Fax: 717-235.0393 44 South Franidin St„ Gettysburg, PA 17325 - Tel: 717-334-9111 Fw, 717-3349114 S E L I N G E S CCnV 10 GC S' IN C. 53510 Jaycee Ave., Suite 1, KaftDorg, PA 17112 • Tel, 717.657-2080 Fmc 717-657-2290 ER V V 1195 Roosevelt Ave., York, PA 17404 - Tel: 717-3434800 Fax: 717-643.3222 Tuesday, October 24, 2006 To Whom It May Concern: I provided play therapy sessions to Cameron Keebaugh, with the most recent set of sessions beginning in May 2006 and extending to the present. During this period, he has been seen for 10 sessions (including his intake session), on the following dates: 5-9-06 5-24-06 6-6-06 7-5-06 7-17-06 8-1-06 9-13-06 9-25-06 10-9-06 10-23-06 Cameron's mother scheduled and accompanied him to each of these appointments, which took place on the weeks that he was in her care. Although Cameron's father has indicated that he is opposed to Cameron receiving these therapeutic services, they are nonetheless being provided, based on the court documentation that Cameron's mother had initially given to therapist, stating that Cameron must receive any recommended mental health services. 16;" 1"11%. Amy Schuler, M.S., Outpatient Therapist Adams Hanover Counseling Services, Inc. - (Capital Area) OVTPATfiENT TREATMENT PLAN -ar U (Initial ? Review Patient: Date of Birth.: IL-3-1 - 6b Date of Plan: 5 -+L-4, 7Ax nosis: Axis I c?iuDin 'at DIt avAA x e-4; C xis I L? III '&w ?ryt14 Axis IV i yna _ Axis V (GAF) 9 Medication Management By: _n/Q Refused Meds? ? Recommended Frequency of Visits: _Aonthly Bi-Weekly Other THERAPY GOAL #1: ? 'w?? ACTTON STEPS. Person Responsible What The are Res o J rW ?. cab Target Date (for goal to be met): $ -t-Z THERAPY GOAL #2: ArTT[VN STEPS: THERAPY GOAL #3: ACTION STEPS: ?.? 0 ?eL ?? ?e ?,?.?,a,?_• ?tJ??tic.a?y?,p?"L? Goth et. ?esponsible For Doing dlf) ?w Person Responsible What The are Responsible For Doing of vt- ) PIUV nsible For Doing ? H r?2rke_r? Target Date (for goal to be met): Type of Therapy: Individual Family Ind. & Family Recommended Frequency of Visits: Weekly _tLBi-Weekly --Monthly Target Date (for goal to be met): .--& /6Z. MED MANAGEMENT GOAL #1: ACTION STEPS: Person Responsible What They are Responsible-For Doing Target Date (for goal to be met): MED MANAGEMENT GOAL #2: A=0N STEPS: Person Responsible What The are Responsible For Doing Target Date (for goal to be met): MED MANAGEMENT GOAL #3: ACTT()N STEPS: Person Responsible What They are Responsible For Doing Target Date (for goal to be met): Other services currently being received (such as partial hospitalization, family-based, intensive outpatient, wraparound, STEPS, county case management, etc.): SIGNATURES By signing, I am verifying that I have reviewed the goals and action steps in this treatment plan. In addition, I am agreeing to carry out the parts of the plan for which I am responsible. I also understand that, if I should have any questions or concerns about any part of this plan, whether now or during future visits, I am encouraged to express these to either the outpatient therapist or psychiatrist, who will gladly address these with me, and revise the plan, if appropriate. Patient (if 14 or over) Guardian Therapist n L? JiL.?2? Psychiatrist Date Date L. U +U? Date 5--9-0(-0 Date Other Date OCT-11-2006 04:04PM FROM- T-255 P.002/002 F-661 Adams-Hauover Counseling Services, Inc. Capital Area Services Outpatient Referral Form Client Name: Date of Birth: 12-3 -0Gi Address: a t 2-5 S.S. __I & City, State, Zip: - ilu 2 phone #: - .61 ParentlGuardixn Name:1.d4 Circle: Fee for Service rinF? MA #: IQ! 53 ? Sy'lxutil - i Private Insurance er Member I" In Service Referriug to: Psychiatric Eval. Med Mgmt *Are You wing to pursue OP therapy? Yes or No Reason for Referral: zex vi Is the purpose of this referral for court purpo s such as a custody dispute? *Is client in CMHC system?: `Yes Or No Fir3t Seen Therapy C --_._ 0-V IO ' k-57-- c?1 15 ?tc?mMartof?r? ZS- Chi ld-h M2 S[.hool , Services currently receiving from ARCS: (Circle) Anger Management BERS u atient Therapy Outpatient Med Mgmt STEPS Program Shelter Program STAP Diagnosis, dl CO !,z ?jy ti?1 Axis I: ?_ ' o Axis TV: Nome Mild oKcr7itej Severe Axis II: Axis V GAF: Highest past year At I g Session 6S [axis lII:?'te. ?-vx v. Current 52 Education: Grade: School: 1 n Services received: 9-e-90 ar Educ Emotional Support Learning Support Speech TherapyOccupational Therapy Physical Therapy Other: Medication: Currently on medications?: Yes If yes, lisr: Name of Doctor prescribing: PCP: Phone: **Attach if available, current evaluation, treatment plans, progress, etc. and forward to appropriate party in the deparnnent you are referring client to. Dare of Scheduled Appointment: Client will be seen by: Dr. Thornsley Dr. Potter Amy Schuler Cameron Keebaugh October 11, 2006 Hamilton Elementary School ChildTime SACC Documented Behavior 9/13/06: Marie Habib, Director and Cameron discussed making "bad choices" in the hall. Cameron stated to Ms. Habib that if he did not have good reports his dad was going to send him to "military school". Ms. Habib then asked Cameron if he knew what military school was and Cameron replied "yeah ...that's when army guys yell at your face ...and I don't want to be yelled at." 9/18/06: Cameron was frustrated because he wanted to roll up the "lego rug" - other children told him it was not time to do so.... resulted in Cameron hitting Hunter. 9/20/06: Cameron became frustrated while playing soccer and scratched Hunter's eye. 10/11/06: Threw wooden block at Dylan's head. Daily Issues • Disrupting "Circle Time" • Temper tantrums • Easily distracted • Forgets "personal space" bubble (kissing) • Appears to overwhelmed (overly stimulated) • Lacks problem solving skills • Lacks coping skills • Refuses to accept consequences • Lacks social skills when interacting in small or large group Positives • Very loving • Extremely caring • Will to please - wants to please parents and teachers • Excellent one-on-one Interaction with Parents • Shawn Keebaugh (father) 9/13/06: Phone conversation regarding Cameron's behaviors discussed possible alternatives - (TSS). Comment about "military school". 10/4/06: Phone conversation regarding update on Cameron's behaviors - push for TSS or alternative care option. • Lacey DeStefano (mother) Weekly interaction since 9/05/06 regarding Cameron's behavior and discussion of possible alternatives " 4L October 11, 2006 CN h• ilclTi V90 Mid @SACC Cc3rl1s1a, PIQSex Rodd (717) 243 17013 8315 Attention: Lacey DeStefano/Shawn Keebaugh RE: Parental Meeting; Cameron Keebaugh Summarization of Discussion: Parties Present Include - • Marie Habib, Director • Christine Hansen, Lead Teacher • Lacey DeStefano, Mother • Shawn Keebaugh, Father Topics of Discussion - 1. Review of documented behavior (see attached) 2. Discussion for the need and requirement of a TSS for Cameron during ChildTime SACC hours (6:30am - 8:30am and from 3:15pm - 5:30pm). Cameron's attendance in ChildTime SACC is contingent upon having a TSS present. Without a TSS Cameron is not permitted to attend ChildTime SACC. 3. Shawn Keebaugh presentation of points to avoid having a TSS: - Smaller daycare size - Pulling out of full day Kindergarten to half day - Extra curricular activities including soccer and cub scouts 4. All above mentioned party members agreed upon TSS services for Cameron with the exception of Shawn Keebaugh who requested to review TSS information and referral process over the weekend. 5. Lacey DeStefano had scheduled a psychological evaluation with PA Counseling Services to begin process (10/17/06) -Shawn Keebaugh refused and insisted to be present at the time of the evaluation this resulted in Lacey DeStefano canceling the appointment. 6. One week extension period was granted by Marie Habib to Lacey DeStefano and Shawn Keebaugh to reschedule the evaluation per Shawn Keebaugh's request to be present at time of evaluation. 7. Lacey DeStefano was asked to inform Marie Habib of date of rescheduled appointment. Date of rescheduled appointment was settled for Tuesday, October 24 2006 at 5:00pm. Marie Habib, Director 401 E. Louther Street Carlisle, PA 17013 (717) 245 - 9794 CERTIFICA'T'E OF SERVICE AND NOW, this 25th day of October, 2006, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the Petition for Special Relief and Petition for Contempt by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Mark Emery 410 N. 2nd Street Harrisburg, PA 17101 DATE 10 Z OCR Respectfully submitted, ABOM& KUTULA"s LLP K222Gi? Kara W. Haggerty, s 36 South Hanover ei Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for Petitioner Qh i J f C O K" r ?Z _ t l s r N rn v k Shawn D. Keebaugh, Plaintiff vs. Lacey DeStefano, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1048 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF/RESPONDENT. SHAWN D. KEEBAUGH'S ANSWER TO PETITION FOR SPECIAL RELIEF AND PETITION FOR CONTEMPT AND NOW, comes Plaintiff/Respondent, Shawn D. Keebaugh, by and through his attorney Mark K. Emery, Esquire, and files this Answer to Petition for Special Relief and Petition for Contempt as follows: 1 2 3 COUNT I - PETITION FOR SPECIAL RELIEF 4 Denied as stated. Paragraph 1 refers to an Order of Court and matter of record which speaks for itself, and is therefore denied. Denied as stated. Paragraph 2 refers to an Order of Court and matter of record which speaks for itself, and is therefore denied. Denied as stated. Paragraph 3 refers to an Order of Court and matter of record which speaks for itself, and is therefore denied. Paragraphs 1 through 3 are incorporated fully herein by reference. 5. Admitted. 6. Admitted. By way of further answer, Keebaugh has repeatedly offered that Cameron could be with him during these periods of time as his work schedule allows him to exercise his custody rights over the child during all pre-school and post-school periods of time. It is Keebaugh's belief that the child would perform better and benefit from time with a parent rather than time in a daycare setting. Respondent/DeStefano (hereinafter DeStefano) has consistently refused to even consider this suggestion. 7. It is admitted upon information and belief that Cameron has had certain difficulties in the daycare setting. As stated prior, based upon these difficulties Keebaugh has suggested Cameron's best interests would be served by spending such periods of times with his father rather than in daycare. Not only has DeStefano refused to even consider this option, she has improperly advised the daycare that a Court Order exists prohibiting Keebaugh from even picking Cameron up from daycare prior to 5:00. A copy of such letter, which purposely misstates this Court's prior rulings, is attached hereto as Exhibit "A". Keebaugh only became aware of this demand this past Friday when he attempted to pick Cameron up from daycare at 4:00p.m., and was advised that DeStefano had demanded that the daycare not release Cameron to his father. This letter is an example of just one of the many unilateral decisions and demands made by DeStefano. 8. Admitted. By way of further response, based upon information provided by Ms. Schuller, Cameron is being successfully discharged from play therapy. 9. Admitted. By way of further response, Pennsylvania Counseling Services ("PCS") successfully discharged Cameron as of April 28, 2006, and made a specific recommendation that, after discharge, play therapy continue for a limited period of only 8 to 12 more weeks. (Thereby extending no later than the end of July) PCS further recommended that Cameron commence other extracurricular activities such as Boy Scouts 2 and soccer in an effort to allow him to utilize the skills he has learned in an effort to begin to acclimate him to more structured settings with other children. The copy of the discharge summary from PCS is attached hereto as Exhibit "B." DeStefano's Petition purposely fails to advise the Court of this Exhibit "B" and the recommendation of PCS. In direct contravention of the treatment decision of PCS, DeStefano has specifically and un- equivalently stated to Keebaugh that she will not allow Cameron to engage in any extracurricular activities. DeStefano's failure to advise and provide this material information to the Court is part of the continued pattern of DeStefano's manipulation of the therapy process and the legal process in order to obtain primary physical custody. Such conduct has included, but is not limited to, filing false Protection from Abuse Applications. The first PFA was withdrawn after DeStefano and her then counsel were threatened with sanctions if they proceeded with such. The second PFA was denied by Order of Judge Oler based upon numerous witnesses being presented by Keebaugh which specifically contradicted all the factual allegations made by DeStefano. Both PFAs were filed immediately prior to DeStefano filing a Modification of Custody and were clearly an attempt to improperly use the PFA process in an attempt to manipulate Keebaugh's custody rights. 10. Admitted. By way of further response, Keebaugh incorporates his answer to Paragraph 9 herein. Specifically, the play therapy continued after PCS discharged Cameron, but DeStefano failed to follow the specific recommendation of PCS, which determined that such play therapy should be discontinued after a specific period of time. In fact, upon now receiving the records from Ms. Schuller, it has been determined that immediately upon PSC recommending that play therapy be terminated, DeStefano began demanding that play therapy be continued beyond the termination date set by PCS. Such demands were made without the knowledge, input or consent of Keebaugh. 11. Denied. Keebaugh incorporates paragraph 10 fully herein by reference. As shown by the Outpatient Treatment Plan attached hereto as Exhibit "C", the treatment plan called for bi- weekly visits. At no time was Keebaugh ever advised that more regular play therapy sessions were either necessary, required or being scheduled. Ms. Schuler did not request or recommend more frequent sessions. As the only treatment plans then or now in effect are those set forth in Exhibits "B" and "C", it is clear that Keebaugh has fully complied with the recommendations of the two treating sources. 12. Denied as stated. It is specifically denied that Marie Habib has advised both parties on numerous times that Cameron's behavior has been too aggressive. Ms. Habib did ask Keebaugh for a meeting at which time this issue was discussed, but Keebaugh has not been provided regular updates of any alleged conduct of Cameron. As Cameron does not exhibit these behaviors while in Keebaugh's custody, he was not aware of any difficulties. 13. Denied. After reasonable investigation, Keebaugh does not have sufficient information to either admit or deny the allegations contained in paragraph 13 and therefore paragraph 13 is denied. 14. Denied. After reasonable investigation and due to the fact that paragraph 14 refers to an exhibit which speaks for itself, and such a document marked as Exhibit "D" has never been provided to either Keebaugh or Keebaugh's counsel, paragraph 14 is denied. By way of further response, Ms. Schuller had never contacted Keebaugh and advised him of this 4 referral and it is assumed that this referral was made solely at the request of DeStefano. 15. Denied. It is specifically denied that PCS has required that both parents sign a written consent to the evaluation. On the contrary, Keebaugh has been specifically advised by Dr. Andrews of PCS that the evaluation will occur based upon the request of DeStefano. Therefore, DeStefano's allegation that Keebaugh has refused to sign the consent is simply a pretext to try to modify custody when such modification would not otherwise be in the best interest of Cameron. Prior to the filing of DeStefano's Petition, Keebaugh has made numerous contacts with Dr. Andrews in order to both discuss possible treatment courses for Cameron and schedule the evaluation. It is believed the DeStefano was aware of these efforts prior to the filing of her Petition, and had DeStefano or her counsel engaged in efforts to communicate with Keebaugh or the undersigned counsel, they would have been made aware that the Keebaugh had made efforts to tentatively scheduled the evaluation by Dr. Andrews for November 7, 2006. 16. Denied. It is specifically denied that Keebaugh refused to sign the consent form. Rather Keebaugh has stated that he would not agree to any treatment until after Dr. Andrews evaluation was made, rather than immediately consent to the treatment based solely on the demands made by DeStefano. 17. Admitted. It is admitted that the parties attended a meeting with Ms. Habib. 18. Admitted. 19. Admitted in part. Denied in part. It is admitted that Keebaugh indicated that he would evaluate the TSS referral once he was provided the pertinent information from the treating sources. It is denied that he consented to sign the evaluation the following week, but rather stated that he would agree to any medical treatment once he was advised of such by the appropriate treating personnel. This process of requiring the review of the written reports and evaluations of the treating sources has been specifically identified to DeStefano's counsel in the past. This requirement is based upon DeStefano's prior manipulation and deceitful conduct, and therefore only information provided from the treating sources, rather than through DeStefano, will be deemed acceptable and reliable. Rather than providing such information, DeStefano simply filed this Petition without ever addressing the concerns raised by Keebaugh or addressing the fact that DeStefano has never followed PCS recommendation. After the November 7, 2006, evaluation done by Dr. Andrews, Keebaugh will at that point in time follow any recommendation made by PCs that is done solely at their determination rather than the treatment plan that is demanded by DeStefano. 20. Denied. Respondent incorporates Paragraphs 16 fully herein. 21. Denied. Respondent incorporates Paragraphs 9 and 16 fully herein by reference. 22. Denied. It is specifically denied that Keebaugh refuses to believe or acknowledge that Cameron has any behavioral problems. Rather, Keebaugh has consistently taken the position that any determinations made by competent treating sources, rather than DeStefano's unilateral decisions, is what should control Cameron's treatment or therapy. Further, Keebaugh admits that he believes that some of Cameron's difficulties are based upon DeStefano's poor parenting skills and failure and refusal to allow Cameron to engage in the extracurricular activities which he desires and which were recommended by PCs. 6 23. Denied. It is specifically denied that Keebaugh has accused DeStefano of fabricating Cameron's behavior problems. It is admitted that Keebaugh has consistently raised the concern that Cameron's behavioral difficulties do not occur while in the custody of Keebaugh or Keebaugh's grandparents, and therefore believes that Cameron's conduct would improve if DeStefano improved her parenting skills. Keebaugh has consistently advised DeStefano that one of the reasons Cameron acts out while in her custody is that she refuses to provide sufficient attention to him. In fact, Cameron has stated this lack of attention to Keebaugh on various occasions. As shown by Ms. Schuler's progress note of October 9, 2006 (attached hereto as Exhibit "D") this lack of attention provided by DeStefano "may be much of the reasons that he seems to constantly try to `push her buttons' emotionally." Schuler's Note continues: [DeStefano] reported that [Cameron] tells her he wishes she would play w/him more." These parental failures contradict DeStefano's belief that Cameron's best interest would be served by providing her primary physical custody, as it appears Cameron's conduct in her custody is substantially a result of her own actions or inactions. 24. Denied. It is specifically denied that Keebaugh has made any such statements. 25. Denied as a legal conclusion. 26. Denied as a legal conclusion. 27. Denied as a legal conclusion. It is specifically denied that it is in Cameron's best interest to be in DeStefano's primary physical custody until such time as a successful discharge from therapy or treatment occurs. This is particularly true as DeStefano has shown that she demands Cameron engage in treatment even if not recommended by a therapist. 7 Further, DeStefano failed to advise that Court that on various occasions since the week on week off custody schedule has been put into effect she has had to contact Keebaugh to have Keebaugh take Cameron from DeStefano during her periods of custody. This was required as she has stated to Keebaugh that she cannot handle Cameron. As DeStefano herself has made it very clear that she is unable to provide for Cameron's needs and relies on Keebaugh when she cannot fulfill her basic parenting duties, it would not be in Cameron's best interest to be in DeStefano's primary physical care. This request for primary physical custody makes it clear that this Petition was a pretext, and one in a frequent pattern of DeStefano's attempt to manipulate the legal system in order to obtain primary custody in a manner which she would not have any other legal basis to do so. WHEREFORE, Respondent, Shawn D. Keebaugh, respectfully requests This Honorable Court deny the Petition for Special Relief and further reward Keebaugh all cost and attorney's fees for having to defend such Petition. In addition, it is requested that This Honorable Court enter an Order requiring DeStefano to comply with PCS' recommendation of April 11, 2006 and to allow Cameron to engage in the extracurricular activities of his choice. COUNT II - PETITION FOR CONTEMPT 28. Paragraphs 1 through 27 are incorporated fully herein by reference. 29. Denied. It is specifically denied that Respondent has been encouraged to participate in Cameron's therapy. Rather, DeStefano has continued to engage in her long standing efforts to manipulate such therapy and to make therapeutic decisions regarding Cameron without the knowledge, input or consent of Keebaugh. 8 30. Denied. It is specifically denied that Keebaugh has taken any steps to interfere or terminate Cameron's therapy. 31. Denied. Keebaugh incorporates Paragraphs 9 and 16 are incorporated fully herein by reference. 32. Denied. Keebaugh incorporates Paragraphs 16 and 19 fully herein by reference. Further, as has been DeStefano's pattern, Keebaugh was advised of the first scheduled session with Dr. Andrews the day before it was to occur. On October 13, 2006 the undersigned faxed correspondence to Ms. Schuller that requested her records so that Keebaugh could be prepared for the next scheduled meeting of October 19, 2006. (See attached Exhibit "E") Despite this written request, Ms. Schuller did not respond. After finally receiving Ms. Schuller's records on October 27, 2006, Keebaugh made arrangements to have the session with Dr. Andrews scheduled for November 7, 2006. 33. Denied. It is specifically denied that DeStefano has taken extraordinary measures in an attempt to resolve this problem without the need to file a Petition with the Court. As stated in the attached Exhibit "F", a letter from the undersigned counsel to DeStefano's counsel, it was specifically stated that the only treatment plans in Keebaugh's possession were the recommendation of the PCS of April 11, 2006, which limited the need of play therapy and specifically advised that Cameron should engage in extracurricular activities, and the bi-weekly sessions requested by Ms. Schuller. Rather than respond in any way, DeStefano and her counsel filed this Petition. Had DeStefano or her counsel made any attempt to communicate with Keebaugh or the undersigned counsel, they would have been fully aware (if they had not already been aware) of the scheduled session with Dr. 9 Andrews for November 7, 2006. 34. Denied as a conclusion of law. WHEREFORE, Respondent Shawn D. Keebaugh, respectfully request This Honorable Court deny DeStefano's Petition for Contempt and award Keebaugh all cost and attorney's fees necessary to respond to such Petition for Contempt. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: " Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Respondent Shawn Keebaugh DATE: November 2, 2006 10 CERTIFICATE OF SERVICE AND NOW, this 2°d day of October, 2006, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Answer to Petition for Special Relief and Petition for Contempt by mailing a true and correct copy via United States first class mail, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 LAW OFFICES OF MARK K. EMERY BY: Mark K. Emery k,,A10M ITULAKIS MTORNEYS A La Marie Hibib, Director. C_:hildTirne SACC 407 East Louther Street Carlisle, PA 17013 October 26, 2006 Re. Shawn Kcebaugh v. Lances, DeSteiano .No. 2002-1049 Civil Team Our File No.. 0-4-6W7 Dear Ms. Habib; Enclosed please find two (2) coint orders regarding the custody of Cameron Keebaugh. At the tirne the :august 26, 21005, Order of Court was entered and the judge ordered that "the parties shall tnainum the current custody schedule... ", Ms. DeStefino and :dlr. Keebaugh were exchanging custody of Cameron at 5.00 p.m. on Ftrdays. The April 7, 2006, Order of Court simply changes the custody exchange location if Cameron's daycaze farlity is closed. I hope this information is helpful to you_ if you have any questions or would lake to discuss this matTer, further, please do not hesitate to contact me at your c:onvemence. X'ery truly yours, KWH i Enclosure-, C.C. lacev DeStefarc- 4W Nc-RTF; 5FUrNr STkpFT L.ri;nMi4iiF$k1Jh?i. P.A 17 ?D1 J',7) 267-090Q ABom& Kux jwas, L. j.F. Kara W. Hagl em Reply Tn'. 36 S lvnt Hanoi, R STruri C+.?PA 17013 (717'1' 249-0900 1.717 ::32.9511 ODIDccnnnn,??;yyllvania CounWhrlg SEQVICEs Children's Services - Carlisle 1 Greystone Road, Carlisle, PA 17013 (717) 243-7534 • Fax: (717) 243-5459 • pacounseling.com Licensed by Pennsylvania Counseling & Psychiatric Services Ruv A. Smith Jr., Ph.D., President, CEO • Ruth M. Davis, MESA, Executive Vice-President LEBANON 4M North 15th Avenue Lebanon, PA 17046 (717) 274-9656 Far (717) 274-9549 PSYCHOLOGICAL EVALUATION Date of Evaluation: April 11th, 2006 HARRISBURG 200 youth Progress Avenue Harrisburg, PA 17109 Client Name: Cameron Keebaugh (717) 526-4881 F- (717)671.9149 1. IDENTIFYING INFORMATION LA`CASTFR CITY !03West Or1 MAI #:8701511357 1 17603 '-ancaster,r, P.a (7t7)392-SS-48 Date of Birth: December 31". 2000 Fa,. (717)39--,390 Age: 5 years, 3 months n er: Male READING Race: Caucasian ,7'1Penn Avenue (leading, PA 19609 Family Members: Mother: Lacey DeStefano, age 28 (610) 670-99223 Far. (6101670-2557 Father: Shawn Keebaugh, age 30 Siblings: none YORK 12S North George Street Custody: Cameron currently splits residence with his biological `fork. PA 17401 parents. His parents were ..717)854-6800 never married and share custody of Cameron. His mother is currently employed through SCI in Camp Hill as a Clerk-Typist Il. His father resides in Shippensburg and is reported to work for Carlisle Syntec. His parents separated during February of 2005. At a recent custody hearing, Cameron's parents were awarded 50/50 custody of Cameron, rotating physical custody on a weekly basis. Future involvement in court over custody issues is a possibility. Residence: (physical) 427 North Hanover Street, Apt. 2, Carlisle, PA 17013 (mother) (mailing) PO Box 271 Newville. PA 17241 (mother) 1549 Ritner Highway. Shippensburg, PA 17257 (father) Phone: (610) 804-9909 (mother), (717) 385-1778 (father) Current School Information: Cameron is attending Preschool through Trinity Day Care and Preschool Program on Walnut Bottom Road in Carlisle. Other Child Services: Primary medical care is with staff at Carlisle Pediatrics. Amy Schuler provided outpatient play therapy/counseling through Adams Hanover. Family Based Services are being provided through Pennsylvania Counseling Services and his team includes Todd Johnson, MS, and Caren Zell, BA. At this time, there is no reported involvement with Children and Youth, the Juvenile Justice system or other MH/MR providers. II. REASON FORtREEERRAL., Camerowwas-referre g Services fora psychological evaluation..to,assess_medical: lth Rehabilitative Services. Cameron Keebaugh, 2 MAID =: 8701511357 Evaluation Date: 4/11/06 III. RELEVANT INFORMATION Update: Cameron initiated Wrap Around Services through PCS during August of 2005, and these included 3 hours of BSC on a weekly basis. There had been regression while engaged in these services, and Cameron was at risk for being expelled from his preschool due to aggressive behaviors toward his peers including hitting, kicking, pushing, tripping, and punching. He was often unable to his hands to himself and had difficulty responding to staff interventions. His BSC reported that he was having behavioral issues, including aggression, in these environments up to 7 times daily, at times significantly less. He was also reported to have increasing behavioral issues in the home with his mother. His mother believes that this is due to her son observing his father physically abuse her when they were cohabitating and that he is now imitating this behavior. She has in the past had to physically restrain him while he tantrums, kicks and screams. Due to his regressive course and to assist in addressing issues between his parents, Family Based Services were sought and authorized from 9/16/05 through 4/28/06. During the course of Family Based Services, treatment goals have included working with his parents to create and maintain an environment that promotes and maintains.structure and reduces anxiety for Cameron, improving effective communication with Cameron;-providing consistent expectations and consequences for Cameron, and reducing.his_exposure to issues between his parents. A second-goal has included assisting Cameron to develop improved social skills, increasing his use of Stop-and-Think and related techniques, and improving his recognition of personal space and boundaries with others. During the course of services the team has worked with both parents, both individually, and in concert during monthly treatment meetings, to improve the consistency and structure of parental interventions. Cameron is related to be responding positively to these interventions and the frequency and intensity of problem behaviors have decreased significantly. The team and both his parents report improvement in all goal areas. The team is working to transition Cameron to a lesser level of service, with outpatient play therapy to prevent regression of his gains and provide him a neutral forum to discuss stresses related to the separation of his parents or other issues or concern. Historically, issues for.Cameron involve defiant and aggressive behaviors. He is related :to.have.had=these issues since the Fall of 2004, when his mother took him to the StevensQente orptpt€p1erapyThese:services>werexelatedto be ineffective . andifollowin e3parentaltseparatiorpthis b haytors began=toworsen: Cameron } com leted#aapsychologi valuafiowwrth?b ; rk;C3hapman-throughyNorthwestem • - 77 `z t i r t r Cameron Keebaugh, 3 Evaluation Date: 4/11/06 MAID 8701511357 Human Services during April of 2005, and due to his many issues, ongoing Outpatient and Wrap Around Services were recommended and approved. Cameron left outpatient services through the Stevens Center during May of 2005. Historically, issues of concern include oppositional, defiant and at times. aggressive behaviors. Cameron will veil "no", and at times will refuse to comply with requests of his mother and staff in his day care. At times, he becomes so angry and aggressive that he needs to be restrained by his mother. These outbursts occurred numerous times weekly and could last up to 10 minutes. He would talk back a lot to his mother, engage in verbal aggression and demean her. At times, he struggled to follow rules and directives. He often had to be prompted or encouraged to complete many activities. He could be rough with his peers and at times aggressive. He was related to be responsive to rewards and positive reinforcement. He was described as an active child. There are no significant historical issues reported with hyperactivity or impaired attention/concentration. Strengths: Cameron is related to have numerous strengths. He is very curious, enjoys playing independently and is intelligent. Cameron can be helpful with household chores, such as vacuuming and washing the dishes. Cameron enjoys playing with matchbox cars, looking at books, being.read to, and playing computer learning games. His parents are described as concerned, caring and supportive. Family: The family composition includes Cameron and either of his parents, depending upon his placement during a particular week. He has extended maternal supports. including his sister-in-law and maternal grandparents, who are described as nurturing and supportive. There is no formal reported family history of psychiatric problems. Schoo[Nocational: Cameron is attending Preschool through Trinity Day Care and Preschool Program on Walnut Bottom Road in Carlisle. Cameron has not been involved with any prior school based services. He does not have any reported history of psychoeducational assessment or an IEP in place. His behaviors are reported to be improved in these environments. Cameron will likely attend Hamilton Elementary School in Carlisle beginning during the Fall of 2006. Hig ?.mbth64resides'tn'.Ciilisle, boob 9 his father.in Shippensburg. With his mother, ks,:playgrounds_zoos ;-to the lake, reading r Cameron Keebaugh. 4 MAID 8701311357 Evaluation Date: 4/11/06 involved in church and attend services two or three times a month, and Cameron is involved in Sunday School. He is also related to attend services while with his father at the V Church of God in Plainfield. His parents report that they plan to involve him in Cub Scouts. Cameron is not reported to have involvement with any other groups or clubs at this time. Peer Relationships: Cameron has some friends in his day care setting. but peers can avoid him due to his behavioral issues, including aggressive acts toward his peers. He is related to be improved in this area and to be making more friends. Drug and Alcohol: Cameron has no reported history of alcohol or substance abuse. There is no reported history of substance abuse on either side of the family. Medical/Developmental: Cameron is related to be a healthy child in general and there are no reported medical problems at this time. Cameron has no reported history of epilepsy or other contributory medical conditions. He has a history of strep throat and tubes being placed in his ears following-an-ear infection. There is no other reported history of surgery. He suffers from seasonal allergies. Blood level testing did not indicate elevated lead levels and he has no reported history of exposure to lead or toxins. His mother reported a normal pregnancy, and full-term delivery without complications. He was born 81bs., 3 oz. He has no reported allergies to medications. His developmental history was normal. He met developmental milestones for walking and early physical development early or on time. There is no reported history of neglect, physical or sexual abuse. Cameron was reported to witness numerous incidents of both physical and verbal abuse toward his mother by his father during the first several years of his life. Leal: Cameron has no reported history of involvement with the criminal or legal system. His parents have been involved in custody arbitration for Cameron and were reportedly awarded split custody in a recent decision. There was formerly reported to be a Protection From Abuse order in place against Mr. Keebaugh, but his mother reported that the, judge_dropped.the.,PFA. x y 7 A 47, Cameron Keebaugh, 5 Evaluation Date: 4/11/06 Services/Service History: MAID #: 870151 1357 Cameron has been active in play therapy with Amy Schuler through Adams Hanover and this level of intervention is reported to have been beneficial for Cameron in the past. Wrap Around Services were being provided through PCS during the Fall of 2005 and then the case transitioned into Family Based Services through PCS from 9/05 to 4/06. Cameron has no other reported history of services. He is not prescribed any psychiatric medications at this time. IV. INTERVIEW - Participants and Procedure: Cameron was accompanied to the interview by his mother, Lacey DeStefano. his father, Shawn Keebaugh, and Todd Johnson from his Family Based treatment team. I conducted individual interviews with all present. We reviewed Cameron's most recent psychological evaluation, records available through the PCS, his course over the prior several months, diagnostic impressions. and the current treatment recommendations. Appearance Demeanor and Mental Status: Cameron appears as a casually dressed. but appropriately groomed. Caucasian male who appeared his stated age. He had a fair understanding of the purpose of the evaluation and readily agreed to participate. He presented as friendly and active. He had adequate attention and concentration. He made fair eye contact. Psychomotor activity was elevated but otherwise WNL. Rate of speech was productive. He was alert and oriented to his person. His affect was spontaneous and appropriate. Mood is related to be variable and intact. There was no report of any suicidal or homicidal verbalizations. There is no report of any auditory or visual hallucinations or other signs of a psychotic process. Cameron's insight into his needs is limited due to his age and developmental level. His judgment and impulse control were improved. Cameron, his parents, the team and I discussed a plan to transition from Family Based Services to outpatient play therapy to prevent regression of gains and provide Cameron a neutral forum to discuss his stresses. All present were in favor of this plan. V. DISCUSSION Cameron is a 5-year-old; Caucasian male attending preschool at the Trinity Day Care and Preschool who.has_numerous strengths. .Historically, issues for Cameron involve_defiantrand.agg essi beHaviors Me.is related to have had these issues since the Fall ofa004,4when.hts notheatooki.him to the;Stevens-Center,for outpatient ?play..,therapy.,.z, y?e Cameron Keebaugh. 6 M?.ID #: 870t511337 Evaluation Date: 4/11/06 These services were related to be ineffective and following the parental separation, his behaviors began to worsen. Cameron completed a psychological evaluation with Dr. Mark Chapman through Northwestern Human Services during April of 2005, and due to his many issues, ongoing Outpatient and Wrap Around Services were recommended and approved. Cameron left outpatient services through the Stevens Center during May of 2005. Historically, issues of concern include oppositional, defiant and at times, aggressive behaviors. Cameron will veil "no", and at times will refuse to comply with requests of his mother and staff in his day care. At times, he becomes so angry and aggressive that he needs to be restrained by his mother. These outbursts occurred numerous times weekly and could last up to 10 minutes. He would talk back a lot to his mother, engage in verbal aggression and demean her. At times, he struggled to follow rules and directives. He often had to be prompted or encouraged to complete many activities. He could be rough with his peers and at times aggressive. He was related to be responsive to rewards and positive reinforcement. He was described as an active child. There are no significant historical issues reported with hyperactivity or impaired attentionlconcentration. Cameron initiated Wrap Around Services through PCS during August of 2005. and these included 3 hours of BSC on a weekly basis. There had been regression while engaged in these services, and Cameron was at risk for being expelled from his preschool due to aggressive behaviors toward his peers including hitting, kicking, pushing, tripping. and punching. He was often unable to his hands to himself and had difficulty responding to staff interventions. His BSC reported that he was having behavioral issues, including aggression, in these environments up to times daily, at times significantly less. He was also reported to have increasing behavioral issues in the home with his mother. His mother believes that this is due to her son observing his father physically abuse her when they were cohabitating and that he is now imitating this behavior. She has in the past had to physically restrain him while he tantrums. kicks and screams. Due to his regressive course and to assist in addressing issues between his parents, Family Based Services were sought and authorized from 9/16/05 through 4/28/06. During the course of Family Based Services, treatment goals have included working with his parents to create and maintain an environment that promotes and maintains structure and reduces anxiety for Cameron, improving effective communication with Cameron, providing consistent expectations and consequences for Cameron, and reducing his exposure to issues between his parents. A second goal has included assisting Cameron to develop improved social skills, increasing his use of Stop-and-Think and related techniques, and improving his recognition of personal space and boundaries with others. During the course of services the team has worked with both parents, both individually,:andin.concert-during_monthly treatment meetings, to improve the consistency and structure_of_parental interventions. Cameron is related to be responding positbvely..to these_inter.ventidns-and the frequency and intensity of problem behaviors have-decreased?significantly The-.team and both his parents report -improvement in all 4 ,• i Cameron Keebaugh, 7 MAID #: 8701511357 Evaluation Date: 4/11/06 goal areas. The team is working to transition Cameron to a lesser level of service, with outpatient play therapy to prevent regression of his gains and provide him a neutral forum to discuss stresses related to the separation of his parents or other issues or concern. Based upon his history and presentation, Cameron warrants diagnoses with an Adjustment Disorder with Mixed Disturbance of Emotions and Conduct, and a Parent- Child Relational Problem. Rationale for Recommended Services: Based upon his course, upon the cessation of the current course of Family Based Services. Behavioral Health Rehabilitation Services are no longer deemed medically necessary. VI. DIAGNOSIS Axis I:Adjustment Disorder with Mixed Disturbance of Emotions and Conduct (309.4) Parent-Child Relational Problem (v61.20) Axis II: defer Axis III: seasonal allergies Axis IV: Psychosocial Stressors: split custody, history of parent conflicts AxisV: Current GAF: 60 GAF at last evaluation: 45 VII. RECOMMENDATIONS Upon the completion of the current course of Family Based Services, ending 4/28/06, Cameron is recommended to initiate a limited course of outpatient play therapy, to assist with his transition from this level of service, prevent regression of his gains, and provide him with a neutral forum to discuss his concerns, including those involving the separation of his parents, and assist him to prepare to begin school. This course of outpatient play therapy is recommended for 8 to 12 weeks, and at that time to be -?-- discontinued to provide Cameron an opportunity to implement the skills that he has been learning more independently, and to assess his capacity to maintain his gains more independently. Any additional services will need to be detennined upon his needs at that time. Recommendations for Other/Natural Suppor : Ongoing involvement with church, Cub Scouts, and other supports, such as groups, clubs or sports, available within the.community, as deemed appropriate by the 'hJ? ?Il? '?J ?? Brian Ai clrav?is°, h D. - *icensed Psychologisqwsl N Y 5424) <= Specializedr,Evaluator. 4 . F xS' sir .? ti ? F',eE C/f-at3y Adams Hanover Counseling Services, Inc. - (Capital Area) v- OUTPAT ENT TREATMENT PLAN -r Initial ? Review Patient: ?lafyV- d?j Date of Birth.:12. 3 - Date of Plan: 5 -q - C6, Diagnosis: Axis I ctiu?h pit a'4A X -1 C xis A Axis III k?f Axis IV, u?lv Axis V (GAF),59 Medication Management By: /0- Refused Meds? ? Recommended Frequency of Visits: --Monthly __3i-Weekly Other THERAPY GOAL #1: C;??n-?.an? ?v??? ?441- h[Ac1?ed-`i?G??. ACTION STEPS: t Person Responsible What They are Responsible For Doing S 'W D' 4Z' TArnot (into (,fnr nnnl to ha moil: Q-/ G ?at4?Ow? l -vuAd'V 10 2r ??at 12-) 6L Person Responsible What They are Responsible For Doing h THERAPY GOAL #2: ACTION STEPS: Target bate (for goal to be met): Person Responsible What The are Responsible For Doing THERAPY GOAL #3: ACTION STEPS: Target bate?.(for°goal-tabe°met): rA)? Type of Therapy: Individual Family Ind. & Family Recommended Frequency of Visits: Weekly -jeL- Bi-Weekly ---Monthly MEb MANAGEMENT GOAL #1: ACTION STEPS: Person Responsible What The are Responsible For Doing Target Date (for goal to be met): MED MANAGEMENT GOAL #2: ACTION STEPS: Person Responsible What They are Responsible For Doing Target Date (for goal to be met): MED MANAGEMENT GOAL #3: ACTION STEPS: Person Responsible What The are Responsible For Doing Target Date (for goal to be met): Other services currently being received (such as partial hospitalization, family-based, intensive outpatient, wraparound, STEPS, county case management, etc.): SIGNATURES By signing, I am verifying that I have reviewed the goals and action steps in this treatment plan. In addition, I am agreeing to carry out the parts of the plan for which I am responsible. I also understand that, if I should have any questions or concerns about any part of this plan, whether now or during future visits, I am encouraged to express these to either the outpatient therapist or psychiatrist, who will gladly address these with me, and revise the plan, if appropriate. Patient (if 14 or over) Guardian -3' Thera ist Psychiatrist Other Date Date 6 LJ .0(_,? Date 5.-9 - U U Date Date Patient D.O.B.: 12-31-00 Adams Hanover Counseling Services ?Q Outpatient Therapy - Progress Note Patient: Cameron Keebaugh (Less Progress) mom (More Progress) Therapist: Amy Schuler Session Progress: 0 3 4 4 5 6 7 8 910 Date: 10-9-06 Overall Progress: 0 1 2 3 4 5 6 7 8 9 10 Time: 4p-5p Visit Type: Individual Tx Plan Goal: Pt's ability to recognize/accept his emotions, & to deal w/ stressors will For a significant portion of the play session, pt presented as: 0 Frustrated (somewhat) 0 Interested/Curios 0 Other: interactive, expressive, sleepy, "clingy" (at I S`) 0 An Atypical Presentation: Pt does not usually present as so candid or display such strong emotion Play Generally Involved: the bop bag, the Jenga blocks (mostly at his mother's suggestion/direction) For a significant portion of the play session , pt exhibited these play behaviors: 0 Rough W/ Toys 0 Intentionally Destructive W/ Toys (toward the end of the session, pt's main goal seemed to be to pop the bop bag or somehow get the rest of the air out of it) 0 Seemed Content To Engage In Solitary Play 0 Tended To Verbally Confirm Feelings Reflected By Th 0 Seemed To Monitor HIS MOTHER'S Responses To His Play Bxs (via eye contact, questions, etc.) 0 New / Reminder Limit Communicated - A) Th informed pt that we may not blow up the bop bag, B) that we may not try to break the bop bag, & that C) we may not play w/ items from th's desk. 0 Easily Complied With Limit (A & C) 0 Tested Limit Before Complying (B) 0 Atypical Play Behaviors, In That -This was the I" time that pt's mother was present during his play session. Therefore, most of his play bxrs looked significantly different compared to all previous sessions. Play Therapy Stage(s): ? Warm-Up/Exploratory 0 Aggressive ? Regressive ? Mastery Relevant Info From Session: * Pt presented as sleepy & atypically "clingy" toward his mtr at the beginning of today's session. In fact, he did not seem to want to stay for his play session. He was even holding on to his mtr, which is something th has never seen him do, previously. Pt's mtr offered to stay in the room, because pt seemed to want this, &, at one point, even asked her to play with him. When asked, pt's mtr told th that she had not yet provided a trial play session to pt at home, as we had discussed, but that she still plans to. So th suggested that pt's mtr participate in today's play session, so that she could have the benefit of th's immediate feedback. She agreed to this. Throughout the play session, th modeled appropriate play session comments for pt's mtr & also provided her w/ frequent feedback about the comments & questions that she was communicating to pt, reminding her not to ask pt any questions, give him any directives or praise, or push her own agenda. She commented that this was indeed very difficult for her to do, & indicated that it was esp difficult to allow pt to act violently toward the bop bag. Pt's mtr seemed surprised at the way that pt stopped hitting the bag, and calmly returned to the waiting room, as soon as th announced that the session was over. * Pt spent much of the session beating up on the bop bag, clearly to maintain his mtr's attention. He would often hit or kick the bag violently, & then immediately look to his mtr for her reaction. * Following the play session, th shared her assessment that pt may not need any more play sessions (w/ th), beyond the 8 to 12 sessions that had originally been recommended. Th said that pt may need BSC/TSS services instead, at this time, & advised her to learn to provide play sessions at home, in the meantime. * Th told pt's mtr that pt seems so hungry for her attention that, to him, "bad attention" is better than no attention, & suggested that this may be much of the reason that he seems to constantly try to "push her buttons" emotionally. Pt's mtr reported that pt sometimes tells her he wishes she would play w/ him more. Update/New Information Reported To Therapist: ? None * Pt's mtr told th that she is trying to get pt a psychological evaluation at another agency, but that they have refused to evaluate pt until his father consents to this. Pt's mtr said that she is waiting to see if pt's father will cooperate with this, because of the fact that pt may be throw out of daycare if he does not get a TSS. Questions or Concerns Communicated To Therapist: 0 None * Pt's mtr reported that pt is still behaving badly when he stays with her, and says mean things to her. Therapist Recommendations/Psychoeducational Info Provided: ? None * Th recommended that pt's mtr begun to provide play sessions to pt at home, in the manner described in the ?hhoedu ational material th had given to her, & also based on the feedback she received today. $ (C) yj->? Pt recommended to return within: A ifuler, M.S., Outpatient Therapist Today's Date 01 wk 02 wks []Other: LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K. Emery, Esquire Fax (717) 238-9884 e-mail memerylaw@aol.com October 13, 2006 Ms. Amy Schuler Adams Hanover Counseling Services 5351 Jaycee Avenue Suite 1 Harrisburg, PA 17112 Via fax 657-2290 Dear Ms. Schuler: RE: Cameron Keebaugh As you may recall, I represent Shawn Keebaugh in regards to the custody matters of his son, Cameron. i understand treatment decisions have again been made without the knowledge or input of Shawn. This issue has been an ongoing problem. Shawn has just found out that Cameron has been referred back to Dr. Andrew's, and a meeting has been scheduled for this coming Thursday, October 19, 2006. • Shawn has stated to me that he has not received any reports or records from your office, other than the Outpatient Treatment Plan dated May 9, 2006. Therefore, I ask that you immediately provide to me all subsequent evaluations, notes, records or other documents so that Shawn may be prepared for his meeting with Dr. Andrews and make a fully informed decision on how to proceed. Due to the short time frame, if it would be of assistance for either Shawn or someone from my staff to come to your office to obtain the records, please advise. An Authorization and Release has previously been provided, allowing you to provide to me any and all documentation of Cameron's treatment. If you have any questions, or believe there is some difficulty in complying with this request, please contact me. Thank you. Very truly yours, MKElvh LAW OFFICES OF MARK K. EMERY By: Mark K. Emery 0 0 LAW OFFICES OF MARK K. EMERY Mark K. Emery, Esquire Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Fax (717) 238-9884 e-mail memerylaw@aol.com October 6, 2006 RE: Keebaugh v. DeStefano No. 2002-1048 (Cumberland) 0 Dear Kara: I had returned your call of earlier this week, but a we have not had the opportunity to speak, I provide this reply to your correspondence of September 13, 2006. For this purpose, I am assuming the therapy you refer to therein is the play therapy being conducted by Amy Shuler. I also assume Lacey would have provided to you the reports I refer to below prior to raising these complaints. My review of the therapist records in my possession leads me to conclude that Shawn is fully in compliance with the there recommendations. I refer you to Dr. Andrew's evaluation of April 11, 2006, whereby his recommended course of treatment is to discontinue play therapy after an additional 8 to 12 weeks has elapsed. I am calculating this to mean early July, at the latest. I believe Dr. Andrews is the professional most capable and competent to determine the proper course of treatment. If you have some recommendation that is contrary to the opinion of Dr. Andrews, please provide that to me. I also refer you to Ms. Shuler's Treatment Plan May 9, 2006, whereby she established a bi-weekly schedule during Lacey's periods of custody. Since Shawn was not included in this treatment plan or decision, I am assuming it was based solely on Lacey's desire and needs. Since it is Lacey who has difficulties with Cameron, not Shawn, I am assuming these were set up to assist her. Very truly yours, LAW OFFICES OF MARK K. EMERY By: MKE/vh Mark K. Emery O ?.,? -_., 5 ?' -- . ? -;? . --a r?. -r .. ? -,:.t ? # _ f^J - - .. it _ , €` .l ? f`3 SHAWN D. KEEBAUGH PLAINTIFF V. LACEY DESTEFANO DEFENDANT AND NOW, F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1048 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT , November 03, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 07, 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 Custody orders to the conciliator 48 hours prior to scheduled hearinp,. FOR THE COURT. By: /s/ ac ueline M. Verne Es q. V?lj 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 A U?,Yl i n?; DEC 0 $ 200 r SHAWN D. KEEBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LACEY DESTEFANO, : NO. 2002-1048 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this ae day of kzt??i'.?'fD/?/ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 4 day of "2.4., . 2007, at ! G? o'clock, 10 . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Orders of Court dated August 26, 2005 and April 7, 2006 shall remain in full force and effect with the following modifications to the Order of August 26, 2005: 3. Paragraph 2 shall be amended to provide as follows: Thanksgiving shall be divided into two Blocks. Block A shall run from the day before Thanksgiving at 5:00 p.m. to Thanksgiving Day at 2:00 p.m. and Block B shall run from Thanksgiving Day at 2:00 p.m. to the day after Thanksgiving at 5:00 p.m. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 4. Paragraph 1 shall be amended to provide as follows: For 2006, Mother shall have custody from December 23, at 12:00 noon through Christmas Day at 2:00 p.m. Father shall have custody from Christmas Day at 2:00 p.m. through the remainder of his custodial week. In subsequent years, Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 5. Cameron's Birthday shall be divided into two Blocks. Block A shall be from December 29 at 3:00 p.m. to December 31 at 2:00 p.m. and Block B shall be from December 31 at 2:00 p.m. to January 2 at 12:00 noon or the beginning of school. Mother shall have custody for Block A in even numbered years and Block B in odd numbered years. Father shall have custody during Block A in odd numbered years and Block B in even numbered years. 6. The parties shall alternate claiming the child as a tax deduction on their tax returns. Mother shall have even numbered years and Father shall have odd numbered years. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. ccjair?a Emery, Esquire, counsel for Fathe/ W. Haggerty, Esquire, counsel for Mother J BY THE COURT, -1 w "V , AII! DS .Z d N 030 S-OZ R {1? ELI ?? 11 lid DEC 0 8 200 SHAWN D. KEEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-1048 CIVIL TERM : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron Shawn Keebaugh December 31, 2000 shared 2. A Conciliation Conference was held on December 7, 2006 with the following individuals in attendance: The Mother, Lacey Destefano, with her counsel, Kara W. Haggerty, Esquire, and the Father, Shawn E. Keebaugh, with his counsel, Mark L. Emery, Esquire 3. Prior Orders of Court were entered on August 26, 2005 and April 7, 2006 providing for shared legal and shared physical custody on a week on/week off basis. 4. Mother's position on custody is as follows: Mother seeks a finding of contempt based on the Order of Court of April 7, 2006 stating "...the parties will abide by any specific professional recommendation of any of Cameron's treatment sources and the parties shall, specifically, abide by any course of recommended treatment." Mother alleges that Father intentionally refused to authorize an evaluation for TSS services. She further maintains that Father only complied after Mother filed the Petition for Contempt. Mother requests the Court to order Father to reimburse her attorney's fees for filing the Contempt Petition and the Conciliation Conference. 5. Father's position on custody is as follows: Father denies that he refused to authorize the evaluation and that Mother only filed the Petition after the evaluation was scheduled. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, maintaining the current Order with holiday modifications. It is expected that the Hearing will require one hour. Date acq ine A Verney, Esquire Custody Conciliator SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 02-1048 CIVIL LACEY DESTEFANO, Defendant ORDER AND NOW, this 'S-v day of March, 2007, hearing in the above-captioned matter set for March 7, 2007, is continued to Monday, March 26, 2007, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin ,A. Hess, J. .,Xark K. Emery, Esquire For the Plaintiff a6ara Haggerty, Esquire. For the Defendant _ :rlm 4 VINV I),SNN3d L Z :01 Nd 91 SVW LODZ A I=HIOUd 3HI d4 30Uk-(Ml SHAWN D. KEEBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 02-1048 CIVIL LACEY DESTEFANO, Defendant ORDER AND NOW, this /G " day of March, 2007, following telephone conference with counsel, the question of the father's cooperation with Cameron's treatment, generally, is referred to conciliation. The conciliator is requested to expedite a conference, if possible. The court will conduct a hearing, as scheduled, on March 26, 2007, on the narrow question of whether the father intentionally refused to authorized an evaluation for TSS Services. BY THE COURT, Xark K. Emery, Esquire For the Plaintiff Xara Haggerty, Esquire For the Defendant Kevi A. Hess, J. Court Administrator hluA vol - 31i10A ? :rim ? ytij t n(,'rV ',t 1,?4? xt4- SHAWN D. KEEBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LACEY DESTEFANO DEFENDANT 02-1048 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 22, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 03, 2007 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .. - lo"'le A(,P/ (- tee f? Er 3i' I ?O APR 112007 A SHAWN D. KEEBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VI. : CIVIL ACTION - LAW LACEY DESTEFANO, : NO. 2002-1048 CIVIL TERM Defendant . IN CUSTODY ORDER OF COURT AND NOW, this /?-' day of &d , 2007, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. The Order of Court dated March 16, 2007 is hereby vacated. The prior Orders of Court dated August 26, 2005 and April 7, 2006 shall remain in full force and effect, with the following modifications. 2. The parties shall cooperate with and attend a meeting with Franklin Family Services. 3. Father's pick up on Fridays to begin his week of physical custody shall be at 5:00 p.m. at the daycare center. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order be mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for May 24, 2007 at 8:30 a.m. BY THE COURT, Kevi A. Hess, J. cc: Mark K. Emery, Esquire, Counsel for Father Kara W. Haggerty, Esquire, Counsel for Mother I 60 :61'tlV Z I 0 LGOI -I 3"A do SHAWN D. KEEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-1048 CIVIL TERM : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Cameron Shawn Keebaugh December 31, 2000 CURRENTLY IN CUSTODY OF shared 2. A Conciliation Conference was held on April 10, 2007 with the following individuals in attendance: The Mother, Lacey DeStefano, with her counsel, Kara W. Haggerty, Esquire, and the Father, Shawn E. Keebaugh, with his counsel, Mark L. Emery, Esquire 3. Prior Orders of Court were entered on August 26, 2005, April 7, 2006 and March 16, 2007 providing for shared legal and shared physical custody on a week on/week off basis. 4. The parties agreed to an Order in the form as attached 1-1-16-0 Date (YacquOine M. Verney, Esquire Custody Conciliator MAY 3 Y 20071"'' SHAWN D. KEEBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-1048 CIVIL ACTION - LAW LACEY DESTEFANO, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this I t day of vita. , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 26, 2005, April 7, 2006 and April 12, 2007 shall remain in full force and effect, with the following modifications. 2. For the summer months, in the event that Cameron cannot be in daycare during Mother's week of physical custody, Father shall exercise physical custody of Cameron. 3. During the summer, transportation shall be shared such that the receiving party shall transport, unless otherwise agreed. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order be mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc;,IGI k K. Emery, Esquire, Counsel for Father 7a W. Haggerty, Esquire, CouQel for Mother J /--o? 0?7; VlNVIA16*43d 8Z :c did ! -- Nnr LQOZ A81fl()N()HiOdd aHl 40 301:-,' O-011IJ MAY 312001 oAy SHAWN D. KEEBAUGH, Plaintiff V. LACEY DESTEFANO, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1048 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron Shawn Keebaugh December 31, 2000 shared 2. A Conciliation Conference was held on May 30, 2007 with the following individuals in attendance: The Mother, Lacey DeStefano, with her counsel, Kara W. Haggerty, Esquire, and the Father, Shawn E. Keebaugh, with his counsel, Mark L. Emery, Esquire 3. Prior Orders of Court were entered on August 26, 2005, April 7, 2006 and April 12, 2007 providing for shared legal and shared physical custody on a week on/week off basis. 4. The parties agreed to an Order in the form as attached 36 - 0 k Date ac eline M. Verney, Esquire Custody Conciliator