Loading...
HomeMy WebLinkAbout06-4111 '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH M. LAUBACH : NO. 2006- WI/ VS. : CIVIL ACTION - LAW LISA A. LAUBACH : CUSTODY/VISITATION CUSTODY COMPLAINT 1. The Plaintiff is Joseph M. Laubach, who resides at 1441 Hillcrest Ct., Apt. 203, Camp Hill, PA17011. 2. The Defendant is Lisa A. Laubach, who resides at 3920 Ridgeland Blvd., Mechanicsburg, PA 17050. 3, The Plaintiff seeks rights of partial custody or visitation of the following children: &m Present Residence AB Morgan E, Laubach 3920 Ridgeland Blvd., Born, August 10, 1990 Mechanicsbure:, P A 17050 Jenna Marie Laubach 3920 Ridgeland Blvd., Born, December 6, 1992 Mechanicsbure:, PA 17050 Deanna Lynn Laubach 3920 Ridgeland Blvd., Born, October 18, 1998 Mechanicsbure:, PA 17050 The children were not born out of wedlock. The children are presently in the custody of Lisa A. Laubach, who resides at 3920 Ridgeland Blvd., Mechanicsburg, PA 17050. During the past five years, the children have resided with the following persons and at the following addresses: D.Ita Addresses Persons Last five years 3920 Ridgeland Blvd., Plaintiff, Defendant and Mechanicsbure:, PA 17050 siblings -1- The mother of the children is Lisa A. Laubach, whose resides at 3920 Ridgeland Blvd., Mechanicsburg, P A 17050. The father of the children is Joseph M. Laubach, who resides at 1441 Hillcrest Ctd., Apt. 203, Camp Hill, PA 17011. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: ~ No one at present ~ 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: ~ ~ . hin Children 6. a) The Plaintiffhas not participated as a party or witness, or inanother capacity, in other litigation concerning the custody of the children in this or another court. The court, term and number, and its relationship to this action is: None, b) The Plaintiff has no information of a custody proceeding concerning the children -2- . pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: None c) The Plaintiff knows of no person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The name and address of such person is: None 7. The best interest and permanent welfare of the children will be served by granting the relief requested. The parties attempted to work this out by agreement. Mother limits Father's time and does not encourage or enforce children to go with Father at his agreed times. Father requires specific court order. 8, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party 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: None WHEREFORE, the Plaintiffrespectfu1ly requests the court to grant shared custody of the children to him. Respectfully Submitted, 1J~4;J~ Victor A. Neubaum, Esq. 42 South Duke Street York, PA 17401 Attorney for Plaintiff Supreme Court 10# 29159 Phone: 717-843-8001 -3- . '. .. '11 , " " . I VERIFICATION I, JOSEPH M. LAUBACH, verify that the statements made in this COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities. Date: ,~ " t JO J IJD fo . Signature: ~ ~ ~ ~ . '" ~ \~ ~ \ ~ \ ~ ~ .' '. ,~ ::-.. - ~ c.(\~ ~ ~ ~ ".n f"'o,) ..... ,', ,. ':J -'r1 .- . , C ...., T 1n --," , ,- ' ,,-'1 ,. J',) G.-_~ JOSEPH M, LAUBACH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 06-4111 CIVIL ACTION LAW LISA A. LAUBACH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 27, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp HiII, PA 17011 on Thursday, AUl(ust 24, 2006 at 10:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(, FOR THE COURT. By: Isl Melissa P. Gree 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 HA VE 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) 249-3 I 66 ~ ~ ? ~ ~ 1f}(}.ge.L. -drr tt"'" r jff l' ~ ~ "!u.aN-. ~ jp' t ~ ~p; 'jrJ.$et.. ~1r.> -'"' U \ O~?~. \,,.(.' ',:., \.,<.. \.,,-. ,',j," " I\U\'J,<._.'I . RT""r";~'''<:",,, 'T'ED j) ,.......:.,,_,f, )"'4:~ "j ~. l 5t:r ~5 ~006 Plaintiff IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4111 CIVIL TERM JOSEPH M, LAUBACH, v. CIVIL ACTION - LAW LISA A. LAUBACH, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ?" day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody. The parties, Joseph M, Laubach and Lisa A. Laubach, shall have shared legal custody of the minor children; Morgan Elizabeth Laubach born August 10, 1990; Jenna Marie Laubach born December 6, 1992; and Deanna Lynn Laubach born October 10, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards, Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. Notwithstanding that both parties shall share legal custody, non-major decision involving the children's day-to-day living shall be made by the parent then having custody, consistent with the provisions of this Order. 2. Physical Custody, School year - Mother shall have primary physical custody of the children during the school year, subject to Father's rights of partial custody which follows: '/T{) I': C' .7\ I C<I t..J ,,~,~ . .I ~ ,:~~,3 ~fCDl ...[ ..... ,~. NO. 06-4111 CIVIL TERM A. Commencing September 1, 2006, Father shall have custody of Deanna on alternating weekends from Friday at 5:30 p,m. until Sunday at 8:00 p.m. Commencing September 1, 2006, Father shall have partial custody of Morgan and Jenna on alternating weekends from Friday at 5:30 p,m, until Saturday at 8:00 p.m. Commencing October 10, 2006, Father's custodial weekend with Morgan and Jenna shall be expanded to Friday at 5:30 p.m. until Sunday at 8:00 p.m. B. Father shall have partial custody on Tuesdays and Thursdays each week from 6:00 p.m. until 8:30 p.m, C. Summer schedule. During the months of summer school recess, Father shall have the children on Tuesdays from 6:00 p.m. until 8:30 p.m.; on Wednesdays from 5:00 p.m. until Thursday noon; and on alternating weekends from Friday at 5:30 p.m, until Sunday at 8:00 p.m. 3. Vacation. Each parent shall be entitled to one (1) week of vacation with the children to run from Saturday to Saturday, upon thirty (30) days written notice to the other parent. In the event of a scheduling conflict, the parent first providing written notice shall have choice of the vacation week. 4. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Christmas. Mother will have the children from 2:00 p.m. December 24th through 2:00 p,m. December 25th each year. Father will have the children from 2:00 p.m. December 25th through noon on December 31st, with the exception of one day for Mother's family gathering, which date and time shall be set by mutual agreement of the parties. B. Thanksqivinq. Each year, Father will pick up the children after school on Wednesday and return the children to Mother by Thanksgiving Day at 4:30 p.m. C. Mother's Day and Father's Day. The custodial period for these holidays shall be from 9:00 a,m, until 8:00 p.m, The children shall be with Mother on Mother's Day. The children shall be with the Father on Father's Day. D. Parental Birthdays. The children shall be with Mother on her celebrated birthday from 9:00 a.m. until 8:00 p.m. (on or about September 9th). The children shall be with Mother on her celebrated birthday from 9:00 a.m, until 8:00 p.m. (on or about February 6th), NO. 06-4111 CIVIL TERM 5. Transportation. The parent relinquishing custody shall be responsible for the transportation incident to the custodial exchange, This arrangement may be modified by the mutual agreement of the parties upon 48 hours notice. 6. Non-alienation. Each parent, and the other parent, in the presence of the children, shall take all measures deemed advisable to foster a feeling of affection between the children and the other party, Nor shall either parent permit any third party to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. The parents shall not use the children to convey verbal messages to the other parent about the custody situation, or changes in the custodial schedule. 7. The parents are directed to honor and participate in the activities in which the children wish to engage. During the times that the parents have custody of the child, they will make certain that the child attends any extra-circular activities. The parties are directed to be supportive of the activities, and to transport the children to and from such activities and the preparations and practice for the activities that are scheduled at such times the children are able to participate in those events. Neither parent shall commit the children to activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity which occurs during both parent's periods of custody, both parents shall cooperate in providing the transportation of the child to that activity. However, the custodial parent shall not be required to take the child to that activity if the custodial parent and the child are out of town during that activity for a previously-scheduled vacation. 8. Telephone Calls. Both parties are urged to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent from talking to the children, or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent or so long in duration that they disrupt the children's schedule. 9. Communication. Each parent shall confer with the other in all matters of importance related to the children's health maintenance and education, with a view toward obtaining and following a harmonious policy in the children's education and social adjustments. Each party shall keep each other informed of his or her residence telephone number within 24 hours of any such change, in order to facilitate communication regarding the welfare of the children and visitation/partial custody. Each party shall provide the name, address and telephone number of any persons in whose care for the children will be on an overnight basis other than related family members, and for each person or entity who may provide daycare for the children, Furthermore, each parent shall provide to the other the NO. 06-4111 CIVIL TERM address and telephone number where the children can be reached that either parent takes the children from the general area for vacations or other family trips. 10. Health and Welfare. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the children at any time, any party then having custody of the child shall immediately communicate with the other parent by telephone or any other means practical, informing the other parent of the nature of the illness or emergency, so the other parent may become involved in the decision-making processes during this practical period. The term "serious illness" as used here, shall mean any disability which confines the child to a bed for a period in excess of 24 hours and/or which requires the child to go to a physician, 11. Terms and Jurisdiction. The parties are free to modify the terms of this Order by their mutual agreement. However, in order to do so, the Court makes it clear that both parties must be in complete agreement as to any new terms. That means that both parties must consent on the new terms of the Custody Agreement or visitation schedule and what it shall be. In the event that one or the other does not consent to a change, that does not mean each follows their own idea as to what arrangement that party thinks should be. The reason this Court Order is set out in detail is so that the parties have it to refer to and to govern their relationship with the children and with each other in the event of a d isag reement. The Commonwealth of Pennsylvania, Cumberland County of Common Pleas shall retain jurisdiction of this matter, 12, Father and the children shall participate in not less than four (4) therapeutic and family counseling sessions by November 10, 2006. The unreimbursed cost of this therapeutic family counseling shall be shared equally. The parties shall jointly select a therapist to work with the children and Father and, by September 7, 2006, shall have arranged a time for the first appointment. BY THE COURT: .jJ J. Dist: Victor A. Neubaum, Esquire, 42 S. Duke Street, York, PA 17401 Douglas G, Miller, Esquire, 60 W. Pomfret Street, Carlisle, PA 17013 /1A. .-,1. j 1- 0 7- ()(" ~LLJ /"r~ ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4111 CIVIL TERM JOSEPH M. LAUBACH, v. CIVIL ACTION - LAW LISA A. LAUBACH, IN CUSTODY Defendant 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 THE CUSTODY OF Morgan E. Laubach Jenna Marie Laubach Deanna Lynn Laubach August 10, 1990 December 6, 1992 October 18,1998 Mother Mother Mother 2. Father filed a Complaint for custody on or about July 21, 2006. A Custody Conciliation Conference was held on August 24, 2006. Present for the conference were: the Mother, Lisa A. Laubach, and her counsel, Douglas G. Miller, Esquire; the Father, Joseph M. Laubach, and his counsel, Victor A. Neubaum, Esquire. 3. The parties reached an agreement in thf form 0 an Order as attached. 4//~f Date I :282523