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Home My WebLink About06-4648IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant CIVIL ACTION - LAW NO. 2006- q(pqb IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en Is corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted nose defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification ypor cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVEESTADEMANDAAUNABOGADOIMMEDIATAMENTE. SINOTIENEABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERV ICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant CIVIL ACTION - LAW NO. 2006- 4%,q f IN CUSTODY COMPLAINT FOR PRIMARY CUSTODY AND NOW, this day of August, 2006, comes Plaintiff, Tracea Lauckner, by and through her attorneys, Knight & Associates, P.C., and files the following Complaint for Primary Custody in support thereof avers as follows: 1. The Plaintiff is Tracea Lauckner, who resides at 203 E. High Street, Carlisle, Pennsylvania 17013. 2. The Defendant is Jeremiah Shoemaker, who resides at RR 1, Box 635, Honey Grove, Pennsylvania 17035. 3. The Plaintiff seeks primary custody and visitation of the following children: Name Present Residence Age D/O/B Asia Seibert RR 1, Box 635 8 10/21/97 Honey Grove, PA 17035 Asia was born out of wedlock. Asia is presently in the physical custody of the Defendant. In addition to Asia's present address, during the past five years, she has resided with either Plaintiff or Defendant at the following addresses: a. From August of 2001 to November 13, 2002 with Plaintiff, Plaintiff's husband, Dan Seibert and their newborn natural child, Daniel Seibert, Jr. at 584 Meals Road, Gardners, Pennsylvania; b. From November 13, 2002 to August 18, 2003 with Plaintiff, Dan Seibert, their newborn natural child, Brinley Seibert, and Daniel Seibert, Jr. at 20 East Street, #10, Mt. Holly, Pennsylvania; C. From August 18, 2003 to October, 2003 with Plaintiff and Brinley Seibert at 27 Chestnut Street, Apt. 2, Mt. Holly, Pennsylvania; d. From October, 2003 to June, 2004 with Plaintiff and Brinley Seibert at 519 Roxbury Road, Shippensburg, Pennsylvania; e. From June, 2004 to December 23, 2004 with Plaintiff, Dan Seibert, Dan Seibert, Jr. and Brinley Seibert at 20 Carlisle Road, Apt. 4, Newville, Pennsylvania; f. From December 23, 2004 to January, 2005 with Plaintiff, Dan Seibert, Dan Seibert, Jr. and Brinley Seibert at 522 Countryside Trailer Court, Fargo, North Dakota; g. From January 2005 to August 7, 2005 with Plaintiff at 522 Countryside Trailer Court, Fargo, North Dakota; h. From August 7, 2005 to January 20, 2006 with Plaintiff, Dan Seibert, Dan Seibert, Jr. and Brinley Seibert at 29 Betty Nelson Court, Lot 102, Carlisle, Pennsylvania; i. From January 20, 2006 to February 10, 2006 Asia was in the custody of Cumberland County Children and Youth Services; j. From February 10, 2006 to March 18, 2006 with the Defendant, Defendant's girlfriend, Elizabeth Grimes, her former mother-in-law, and Elizabeth Grimes' son, Derek Grimes at 1018 Harrisburg Pike, Carlisle, Pennsylvania; and k. From March 18, 2006 to present with the Defendant, Defendant's cousin/girlfriend, Robin, her brother-in-law and sister, William and Jessica Nailor and their three children at RR 1, Box 635, Honey Grove, Pennsylvania. The mother of Asia is the Plaintiff who resides at 203 E. High Street, Carlisle, Pennsylvania 17013. The father of Asia is the Defendant who resides at RR 1, Box 635, Honey Grove, Pennsylvania 17035. 4. The relationship of Plaintiff to Asia is that of natural mother. The Plaintiff currently resides with Daniel Seibert, Jr. and Brinley Seibert fifty percent of the time. 5. The relationship of the Defendant to Asia is that of natural father. The Defendant currently resides with his cousin/girlfriend, Robin, her brother-in-law and sister, William and Jessica Nailor, their three children and Asia. 6. Plaintiff has participated in other litigation concerning the custody of Asia in this or another court, namely in the Court of Common Pleas of Cumberland County, Pennsylvania Juvenile Matter docketed at CP-2 1 -JV- 17-2006. The Plaintiff has no information of a custody proceeding concerning the custody of Asia in this or any other court other than that referenced above. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of Asia or claims to have custody or visitation rights with respect to her. 7. The best interests and permanent welfare of Asia will be served best by granting the relief requested because: a) The Plaintiff has shared physical and legal custodyofAsia since Asia's birth; b) The Plaintiff can provide Asia with a home with adequate moral, emotional and physical surroundings as required to meet Asia's needs; C) The Plaintiff is, and has always been, willing to accept custody of Asia; d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of Asia; and e) The Plaintiff provides a more stable home environment. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of Asia has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Asia. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant her physical custody and shared legal custody of Asia Seibert. Respectfully submitted, KNIG & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff VERIFICATION I VERIFY that the statements set forth in the attached document 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. Section 4904 relating to unswom falsification to authorities. F\Cwr HdeA. Daff.m,'Lkiption\VIMC.C nWldc ? n {q 1' 1 `4TiM ? c " J a o -n 523 ?rn w ? N O TRACER LAUCKNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 06-4648 CIVIL ACTION LAW JEREMIAH SHOEMAKER DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 17, 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, September 14, 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 hearing. FOR THE COURT, By: Js! Jacqueline M. Vemev.Esq., tl Custody Conciliator .I?J1 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 tf NVAIJ.SNNM ,kmc 1 nr'y, iii Nlf1J L 1 :Z! Wd 81 5AY 993Z AHVIU, H.lQcd :N1. d0 . Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Plaintiff V. CIVIL ACTION - LAW No. 2006-4648 JEREMIAH SHOEMAKER, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ZIS day of August, 2006, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Custody filed in the above-referenced matter. The Complaint was mailed on August 15, 2006, but actual service took place on August 18, 2006, by Defendant signing for a copy of the Complaint in Custody which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Jeremiah Shoemaker RR 1, Box 635 Honey Grove, Pennsylvania 17035 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, GHT & ASSOC , ean M. Shultz, E Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 FAUserFoWaTirmDm\Ciwd=200W970-lcer.,micc.wpd Attorneys for Plaintiff w. A. Signa Agent ? Addressee Received by ( Priinted`N/ame) C. Date of Delivery D. Is delivery address different from Item 1? 11 Yes If YES, enter delivery address below. 0 No Le 3 5 I 1 Vr Or? 1 ? 3. Type 3ified Mail 13 Express Mail E3 Registered ? Return Receipt for Merchandise 5 0 Insured Mail 0 C.O.D. 03 4. Restricted Delivery? (Edna Fee) as 2.A 7005 1160 0 PS Form 3811, February 2004 0002 1108 9001 Domestic Return Receipt 102595-02-M-1540 ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: \'J"emich Skoemaw ? ? -? m t rT r ? n -n -{ U0 4.-. TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4648 CIVIL ACTION - LAW : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tracea Lauckner and the Father, Jeremiah Shoemaker, shall have shared legal custody of Asia Seibert, born October 21, 1997. 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 her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody of the child. 3. Beginning Friday, September 15, 2006, Mother shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Transportation shall be shared such that the parties shall meet at the sawmill on Rt. 74 in Perry County to exchange custody. 5. Jesse Shoemaker shall have no contact with the child. v' Court. 6. Neither party may remove the child from the state without a prior Order of 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference shall be scheduled by a different Conciliator. BY TH OURT, Edward E. Guido, J. cc:,?4an M. Shultz, Esquire, Counsel for Mother c?dr`emiah Shoemaker, pro se RR 1 Box 662 Port Royal, PA 17082 0 1INVAWNN3d ItiMO na.s4ry { flJ z h :Ol WV OZ d3S 400Z AdV IQNU iiOdd M 3O 30H?'31Y ,r . • TRACEA LAUCKNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4648 CIVIL ACTION - LAW JEREMIAH SHOEMAKER, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Asia Seibert October 21, 2006 Father 2. A Conciliation Conference was held in this matter on September 14, 2006 with the following in attendance: The Mother, Tracea Lauckner, with her counsel, Sean M. Shultz, Esquire, and the Father, Jeremiah Shoemaker, pro se. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated February 10, 2006 in a dependency matter at docket no. CP-21-JV-17-2006 providing for Father to have care and custody of the child, as he was a ready willing and able parent. 4. This Conciliator was the Guardian ad litem for the child in the dependency matter. Mother believed that there was a conflict as a result thereof. Father requested a continuance to have time to retain counsel. 5. The parties agreed to an Order in the form as attached. q-1 L/ -o6 ?t Date 44cqu ine M. Verney, Esquire Custody Conciliator f 4 TRACEA LAUCKNER, Plaintiff v JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4648 IN CUSTODY COURT ORDER AND NOW, this day of October, 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. 3 of the Cumberland County Courthouse on the I OA day of , 2001at 8: q51.At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of September 20, 2006 shall remain in place. cc:?8?ean M. Shultz, Esquire Xuzanne Spencer Abel, Esquire J I Judge Edward E. Guido I%& L ?1 • I I VV I - AO JOOZ .:'i w14.MIJ TRACEA LAUCKNER, Plaintiff v JEREMIAH SHOEMAKER, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4648 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8tG), the undersigned Custody Conciliator submits the following report: 1. 2. 3. 4. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Asia Seibert, born October 21, 1997. A Conciliation Conference was held on October 20, 2006, with the following individuals in attendance: The mother, Tracea Lauckner, with her counsel, Sean M. Shultz, Esquire, and the father, Jeremiah Shoemaker, with his counsel, Suzanne Spencer Abel, Esquire. The parties were before Custody Conciliator Jacqueline M. Verney in September at which time Attorney Verney recognized she had a conflict. However, the parties agreed at that time to a Custody Order pending another Conciliation or Court hearing. Additionally, at that initial conference the father was unrepresented. In February 2006, there were dependency proceedings involving this minor child. Those proceedings were dismissed with custody of the child being delivered by Children Services to the father. Mother is currently enjoying alternating weekends and other times along with telephone contact. However, mother believes it is in the best interest of the minor child that she be awarded primary custody. Father, as expected, suggests to the contrary and indicates that he should maintain primary custody. A hearing is necessary in this case. A hearing should take no more than one day. 5. The Conciliator recommends an Order in the form as attached. /0-g3' b (".0 DATE Hu X. Gilroy, Esquire Custody Conciliator r ? y s'1 TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4648 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 12th day of January, 2007, at the joint request of the parties, hearing in this matter is continued to Wednesday, August 8, 2007, at 9:00 a.m. Pending said hearing, we enter the following Temporary Order: 1. The parties shall have shared legal custody of their daughter, Asia Seibert, born October 21, 1997. 2. The parties shall share primary physical custody of the child on a week-on/week-off basis with Mother having her week-on commencing Monday, January 22, 2007, at 3:30 p.m. The transfer of custody shall take place by the custodial parent picking the child up from school. Pending said commencement of week-on/week-off, the prior custody order shall control. Anything in this Order notwithstanding, Mother shall have custody of the child on Mother's Day from at least 9:00 a.m. until 5:00 p.m. Likewise, Father shall have custody of the child on Father's Day from at least 9:00 a.m. until 5:00 p.m. 3. It is specifically ordered that the child shall finish school in the Carlisle School District at the Letort Elementary School. 4. It is clear to this Court that the child needs counseling to help her deal with some of her social problems. We would suggest that she obtain a psychological evaluation. In that regard, the parents or their counsel should contact Ir ; It Children and Youth Services to see if they can make any services available that would benefit this child such as a psychological evaluation and counseling. By the Court, Edward E. Guido, J. Sean M. Shultz, Esquire For the Plaintiff Suzanne Spencer Abel, Esquire a*7 For the Defendant Sheriff 1-414 - h /11 srs "q! IvMl,' SN N9,4 L 1:01 HV L I NVP LOOZ Awl C), :Ill')?! -'0-0MH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Plaintiff vs. JEREMIAH SHOEMAKER, Defendant No. 06-4648 IN CUSTODY CIVIL ACTION - LAW MOTION TO WITHDRAW AS COUNSEL OF RECORD NOW comes Sean M. Shultz, Esquire, attorney for Plaintiff, and presents this Motion to Withdraw as Counsel of Record, representing as follows: 1. Movant is Sean M. Shultz, Esquire, attorney for Plaintiff, with offices at 11 Roadway Drive, Suite B, Carlisle, Cumberland County, Pennsylvania 17015. 2. Plaintiff is Tracea Lauckner, an adult individual whose last known address is 203 East High Street, Carlisle, Pennsylvania 17013. 3. The parties are presently engaged in a custody proceeding. 4. A hearing is scheduled in this matter for August 8, 2007, at 9:00 a.m. 5. Plaintiff has moved and not provided Movant with her new address or telephone number and has continually failed to respond to communication attempts by Movant. 6. Continued representation of Plaintiff by Movant would be overly burdensome to Movant's practice. 7. Moreover, Movant cannot effectively represent Plaintiff without regular communication and Movant wishes to terminate his representation of Plaintiff. 8. Movant wishes to withdraw his appearance as Plaintiff s counsel of record. 9. The Honorable Edward E. Guido has been assigned to this matter. 10. Movant has contacted Suzanne Spencer Abel, Esquire, attorney for the Defendant, and she has no objection to the request for leave to withdraw. WHEREFORE, Movant requests your Honorable Court to provide leave of Court and Order that Movant is withdrawn as counsel of record for Tracea Lauckner, Plaintiff. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. 3x,A39 Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Movant R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Plaintiff vs. : JEREMIAH SHOEMAKER, Defendant No. 06-4648 IN CUSTODY CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 'day of June, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Motion to Withdraw as Counsel of Record by first class, United States Mail, postage pre-paid, addressed as follows: Suzanne Spencer Abel, Esquire Spencer Abel Law Office 22 East Street, #6 Mt. Holly Springs, Pennsylvania 17065 Tracea Lauckner 203 East High Street Carlisle, Pennsyvlania 17013 Respectfully submitted, KNIGHT & ASSOCIATES C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Movant VERIFICATION The foregoing Motion is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. . 1 9 Date: ? 12,110 1 Sean M. Shultz, Esquire Movant n c? L7 { c -TI t'll t- J -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, No. 06-4648 Plaintiff IN CUSTODY vs. JEREMIAH SHOEMAKER, CIVIL ACTION - LAW Defendant ORDER OF COURT q? NOW, this ! da.y of July, 2007, upon consideration of the Motion of Sean M. Shultz, q fty Es wire to withdraw as counsel of record for Plaintiff, Traces Lauckner; Sem ?&. Shat , J. F 31HI . J Q - v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Respondent NO. 2006-4648 V. : CIVIL ACTION - LAW JEREMIAH SHOEMAKER, IN CUSTODY Petitioner PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly waive the filing fees for Petitioner, Jeremiah Shoemaker in this matter because I believe the party is unable to pay the costs; and I am representing the Petitioner pro bono at this time. Respectfully submitted, Spencer Abel Law Office S?Onne ncer Abel, Esq. A ney ID #202443 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 (717) 264-2939 spencer abel esgWastmail.fm __ ?w :m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Respondent : NO. 2006-4648 V. JEREMIAH SHOEMAKER, Petitioner CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF and CONTEMPT AND NOW, comes Petitioner Jeremiah Shoemaker, by and through his attorney, Suzanne Spencer Abel, Esq., and who avers as follows: 1. Petitioner is Jeremiah Shoemaker, Defendant father in the above captioned matters. He is represented by legal counsel, Suzanne Spencer Abel, Esq.. 2. Respondent is Tracea Lauckner, Plaintiff mother in the above captioned matter. She is represented by legal counsel, Sean Shultz, Esq.. 3. On January 12, 2007, a hearing on Respondent's Modification Petition was held before the Honorable Judge Edward Guido. 4. In the course of the hearing, Respondent testified that she moved with the child to North Dakota where her Respondent's father resides, without Mr. Shoemaker's prior knowledge or consent. 5. By Order dated January 12, 2007, Judge Guido awarded the parties joint legal and physical custody of their minor child, Asia Seibert, currently 9 years old, with the parties enjoying alternating weeks of custody. 6. Judge Guido further scheduled a hearing for Thursday, August 8, 2007, at 9:30 AM to determine the primary custodial parent for school district residency purposes. 7. On or about June 29, 2007, Attorney Sean Shultz filed a Motion to Withdraw, citing his inability to maintain regular contact with his client. 8. The week of July 1, 2007, was Mr. Shoemaker's regularly scheduled custodial week. 9. On or about July 3, 2007, Respondent called Mr. Shoemaker to arrange for the child to spend Wednesday, July 4, 2007, with Respondent. The parties agreed that the child would return to Mr. Shoemaker's home on Thursday, July 5, 2007. To that end, Respondent gave Mr. Shoemaker her new phone number to call and arrange the Thursday custody exchange. 10. On July 5, 2007, Mr. Shoemaker called the phone number Respondent had given him two days previous. The phone number was no longer in service. 11. Mr. Shoemaker called every other phone number he had for Respondent. All phone numbers were no longer in service. 12. Mr. Shoemaker drove to Respondent's new apartment at 1 %2 South Street, Carlisle. No sounds were coming from the apartment; the shades were drawn, and the work vehicle belonging to Daniel Seibert, Respondent's boyfriend, was parked in front of the apartment, and his personal vehicle was missing. 13. Over the past 7 months, Respondent had been in regular contact with Mr. Shoemaker's fiancee's daughter's father, Daniel Russell. Mr. Shoemaker called Mr. Russell to ask him if he knew where the child was located. Mr. Russell said he did not. Mr. Shoemaker then asked him to call if he hears from Respondent, and further asked him to have Respondent call Mr. Shoemaker immediately. 14. Respondent has, for the past 7 years, alternately kept company with two men: Daniel Seibert and Dale Morton. Mr. Shoemaker called Mr. Morton and asked him if he knew where the child was located. Mr. Morton said he did not. Mr. Shoemaker then asked him to call if he hears from Respondent, and further asked him to have Respondent call Mr. Shoemaker immediately. Mr. Morton then advised Mr. Shoemaker that Respondent had his old cell phone, but that the answering service was not functional and his repeated calls to that number were all unanswered and unreturned. 15. Mr. Shoemaker was unable to make contact with Respondent for the balance of his July 1, 2007, custodial week; and Respondent never contacted Mr. Shoemaker. 16. The week of July 9, 2007, was Respondent's regularly scheduled custodial week. 17. By Order dated July 9, 2007, Attorney Shultz's Motion to Withdraw was denied. 18. The week of July 16, 2007, was Mr. Shoemaker's regularly scheduled custodial week. 19. At the regular time, Mr. Shoemaker went to LeTort Elementary School for the parties' regular weekly custodial exchange. 20. Mr. Shoemaker was unable to locate the child at the school where he has regularly picked her up since January 2007. She was not standing outside the building. The doors were all locked so Mr. Shoemaker was not able to gain access to the building. He tried knocking on the doors repeatedly but no one responded. 21. Mr. Shoemaker again went to Respondent's 1 % South Street, Carlisle apartment. He knocked on the door, but no one answered the door. He looked around the area, but there were still no signs of Respondent or the child 22. Mr. Shoemaker again tried all his phone numbers for Respondent. All the numbers were still out of service, had no answering machine, or were unanswered. 23. On July 16, 2007, Attorney Shultz's office was unable to provide a valid telephone number, address or contact information for their client. 24. On July 17, 2007, Mr. Shoemaker received a phone call from Mr. Russell. He advised Mr. Shoemaker that he had just received a call from Respondent. She asserted that the child had been at her apartment waiting for Mr. Shoemaker, who allegedly failed to show at the appointed time. 25. Respondent purportedly asserted to Mr. Russell that she tried repeatedly to contact Mr. Shoemaker, but that she "never got an answer" but declined to leave any messages. Respondent further declined to reveal her whereabouts, or the whereabouts of the child to Mr. Russell. Respondent would not permit the child to talk to Mr. Russell. 26. Mr. Russell gave Respondent Mr. Shoemaker's phone numbers again, and asked her to call Mr. Shoemaker. To date, Respondent has not contacted Mr. Shoemaker. 27. Mr. Russell was unable to give Mr. Shoemaker the phone number used by Respondent as it had been blocked. 28. On or about July 17, 2007, Mr. Shoemaker received a phone call from Mr. Morton who advised that Respondent had just called to let him know she is planning to move to North Dakota with her children. Mr. Morton also said that Respondent rejected his repeated requests to contact Mr. Shoemaker. 29. Respondent has been to Mr. Shoemaker's home twice over the last seven months, but has not returned the child to Mr. Shoemaker's custody. 30. Mr. Shoemaker's home, work, and cell phone numbers, all of which Respondent has used regularly for the last seven months, always have been, and remain, in active service status. Since July 4, 2007, Mr. Shoemaker's telephones have not indicated any missed calls from any of Respondent's known phone numbers, nor has Respondent contacted him. 31. Mr. Shoemaker has not seen or talked with the child since July 3, 2007. 32. Mr. Shoemaker believes, and therefore avers, that Respondent will be removing, or has already removed, the child to North Dakota in anticipation and avoidance of the hearing scheduled for August 8, 2007. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an temporary, emergency Order awarding sole physical custody to Petitioner Jeremiah Shoemaker, pending a hearing on the merits, to be conducted concurrently with the already-scheduled hearing of August 8, 2007. Respectfully submitted, Spencer Abel Law Office Suz ne Spdncer Abel, Esgl Atto ey ID #202443 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 (717) 264-2939 spencer abel esg(-fastmail.fm i .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Respondent : NO. 2006-4648 V. CIVIL ACTION - LAW JEREMIAH SHOEMAKER, IN CUSTODY Petitioner VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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.A. §4904 relating to unsworn falsification to authorities. Date: 7-2!7- 4 7 Jeremiah Shoemaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACER LAUCKNER, Respondent NO. 2006-4648 V. CIVIL ACTION - LAW JEREMIAH SHOEMAKER, IN CUSTODY Petitioner CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition for Special Relief and Contempt, I am this day serving a copy of same by First Class U.S. Mail, to the following: Sean Shultz, Esq. Knight & Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17013 Tracea Lauckner 1 Y2 South Street Carlisle, PA 7013 Date: 94?1f? ,q1A Suzne SpVWr Abel 22 st Street, #6 Mt. Holly Springs, PA 17065 (717) 264-2939 spencer abet esq a@fastmail.fm i P Y L "I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, V. Respondent JEREMIAH SHOEMAKER, Petitioner NO. 2006-4648 : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this -M_ day of July, 2007, upon consideration of the foregoing Motion, it is hereby ordered that A Rule is issued upon the Respondents to show why the moving party is not entitled to the relief requested; r 4.0zr&,-/ 2. The Respondents shall file an Answer to the Motion within ys of this date; e motion ; day of ' am / pm, in ou room , of-the um erlan ild ^ oun ou ouse; a 5. ng the above 16 Ranpandent is directed to immediately Wadi = the manor shit.:: lbe P,. tndy of oema er. 3 R BY, t Pe- J. r1h r r -"? ?ru TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4648 CIVIL TERM IN CUSTODY IN RE: MOTION OF SEAN M. SHULTZ, ESQUIRE, TO WITHRAW AS COUNSEL ORDER OF COURT AND NOW, this 8th day of August, 2007, counsel's petition to withdraw is granted effective at the conclusion of today's hearing. Provided, however, that if his client contacts him he shall advise her as to the steps necessary to perfect an appeal from our Order regarding custody. By Edward E. Guido, J. x an M. Shultz, Esquire , At rney for Tracea Lauckner J uzanne Spencer Abel, Esquire Attorney for Jeremiah Shoemaker Office of the Public Defender ',ate Sheriff /,0. o? srs gg s?py 'yi't tiF /?Illl ??,'??.I `i _?? ('? qz :II WV 8- 5.3v LOU AMQNU; LLOt ld 3Hi JO TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4648 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 8th day of August, 2007, after hearing, all prior custody orders are vacated, and replaced with the following Order: 1. Father shall have primary physical and legal custody of Asia Seibert, born October 21, 1997. 2. Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties. We will review this portion of our Order upon request by Mother and as long as we have assurances that Mother will not flee the jurisdiction with the child. 3. The child shall be returned to this jurisdiction immediately. 4. Neither party shall remove the child from this state without a prior order of court. 5. Jesse Shoemaker shall have no contact with the child without further order of this Court. Edward E. Guido, J. -Azanne Spencer Abel, Esquire 9'e"'an M. Shultz, Esquire Attorney for Jeremiah Shoemaker Sheriff Office of the Public Defender srs .O? es. {nl (l f ) 4.?{ no S3:110 8-'rV toot MViO 04-II0?id 3Hi 3Q IDUU, -; 3113 TRACEA LAUCKNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4648 CIVIL TERM JEREMIAH SHOEMAKER, Defendant IN CUSTODY IN RE: CONTEMPT/PUBLIC DEFENDER APPOINTED ORDER OF COURT AND NOW, this 8th day of August, 2007, after hearing, we find Plaintiff Tracea Lauckner to be in contempt of our order of January 12, 2007, and she is so adjudicated. She is directed to appear for sentence on Wednesday, August 15, 2007, at 2:30 p.m., in Courtroom No. 3 of the the Cumberland County Courthouse, Carlisle, Pennsylvania. Failure to appear will result in a bench warrant for her arrest. The Public Defender is appointed to represent Ms. Lauckner in connection with„L,bse sentencing proceedings. the Cour Edward E. Guido, J. vau`anne Spencer Abel, Esquire Attorney for Jeremiah Shoemaker Office of the Public Defender- ,5Ae!ra-n M. Shultz, Esquire Sheriff - ?.a?d ??srs vino ,kUVj ,()'HiOdd Ni J© 3w4 o--'"11A FAUser Folder\Firm Docs\Gendocs2007\3970-1 Tracea Leuckner\praecipe.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Plaintiff VS. JEREMIAH SHOEMAKER, No. 06-4648 IN CUSTODY CIVIL ACTION - LAW Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Tracea Lauckner, Plaintiff in the above- captioned matter, the Court having given me leave to withdraw pursuant to the attached Order dated August 8, 2007. Date: August13, 2007 Respectfully submitted, & ASSOC TE Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Plaintiff VS. JEREMIAH SHOEMAKER, Defendant No. 06-4648 IN CUSTODY CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 13t' day of August, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Praecipe to Withdraw Appearance by first class, United States Mail, postage pre-paid, addressed as follows: Suzanne Spencer Abel, Esquire Spencer Abel Law Office 22 East Street, #6 Mt. Holly Springs, Pennsylvania 17065 Tracea Lauckner 203 East High Street Carlisle, Pennsylvania 17013 Respectfully submitted, HT & ASSO IATES, P.C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4648 CIVIL TERM IN CUSTODY IN RE: MOTION OF SEAN M. SHULTZ, ESQUIRE, TO WITHRAW AS COUNSEL ORDER OF COURT AND NOW, this 8th day of August, 2007, counsel's petition to withdraw is granted effective at the conclusion of today's hearing. Provided, however, that if his client contacts him he shall advise her as to the steps necessary to perfect an appeal from our Order regarding custody. By Edward E. Guido, J. n M. Shultz, Esquire ttorney for Tracea Lauckner Suzanne Spencer Abel, Esquire Attorney for Jeremiah Shoemaker Office of the Public Defender Sheriff srs C=3 TRACEA LAUCKNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4648 CIVIL TERM JEREMIAH SHOEMAKER, Defendant IN CUSTODY IN RE: CONTEMPT ORDER OF COURT AND NOW, this 15th day of August, 2007, the sentence of the Court is that the Plaintiff, Tracea Lauckner, undergo imprisonment in the Cumberland County Prison for six months. Conditions of purge are that the child be turned over to her Father to be returned to this state. Ellen K. Barry, Esquire Office of the Public Defender For Tracea Lauckner /-Zanne Spencer Abel, Esquire For Jeremiah Shoemaker Probation Sheriff CCP srs Edward E. Guido, J. Z ? -C ['d 9 1 MMV LODZ 90!-? 0- ` l14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Respondent V. JEREMIAH SHOEMAKER, Petitioner NO. 2006-4648 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I hereby certify that, on Wednesday, August 8, 2007, at approximately 1:20 pm, I went to 156 West South Street, Carlisle, Pennsylvania, where saw Tracea Lauckner, Plaintiff / Respondent in the instant matter, who is well known to this affiant. I handed directly to Tracea Lauckner a certified copy of the Order of Court dated August 8, 2007, adjudicating her in contempt, ordering her return the minor child, Asia Seibert, to the Court's jurisdiction, and scheduling her for sentencing on Wednesday, August 15, 2007; and a certified copy of the August 8, 2007, Order of Court awarding Defendant / Petitioner primary legal and physical custody of the minor child. Date: ido Suzan Spenc r Abel, Esq. tty #202443 232 ' oln Way East Chambersburg, PA 17201 (717) 264-2939 spencer_abel_esq@fastmail.fm COMMONWEALTH OF PENNSYLVANIA COUNTY OF " I ; n Affirmed and subscribed before me, :SS A Notary Public, this 15-4- day of , 2007 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KAREN L. KiMPLE, Notary Public Chambersburg f3oro., County of Franklin M Commission Ex ires June 7, 2009 C ?-? ? i,? ?'" ' ???? ,t (,3"1 ; t :''t; F / .r.;? ?..r ? ,.?, r ^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW EMERGENCY PETITION TO MODIFY CUSTODY AND NOW, this 30 day of October, 2007, comes the Petitioner, Tracea Lauckner, and files the following Emergency Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Tracea Lauckner, an adult individual residing at 208 Big Spring Road, Newville, Pennsylvania 17241. 2. The Respondent is Jeremiah Shoemaker, an adult individual residing at RD 1, Highway 75, East Waterford, Pennsylvania 17021. 3. Petitioner seeks a modification of the Order of Court dated August 8, 2007, a copy of which is attached hereto and made a part hereof and is marked as Exhibit "A." Name 4. The Plaintiff seeks primary custody and visitation of the following child: Present Residence Age D/OB RD 1, Highway 75 10 10/21/97 East Waterford, PA 17021 Asia Seibert Asia was born out of wedlock. Asia is presently in the physical custody of the Respondent. In addition to Asia's present address, during the past five years, she has resided with either Petitioner or Respondent at the following addresses: a. From August of 2001 to November 13, 2002 with Petitioner, Petitioner's husband, Dan Seibert and their newborn natural child, Daniel Seibert, Jr. at 584 Meals Road, Gardners, Pennsylvania; b. From November 13, 2002 to August 18, 2003 with Petitioner, Dan Seibert, their newborn natural child, Brinley Seibert, and Daniel Seibert, Jr. at 20 East Street, # 10, Mt. Holly, Pennsylvania; C. From August 18, 2003 to October, 2003 with Petitioner and Brinley Seibert at 27 Chestnut Street, Apt. 2, Mt. Holly, Pennsylvania; d. From October, 2003 to June, 2004 with Petitioner and Brinley Seibert at 519 Roxbury Road, Shippensburg, Pennsylvania; e. From June, 2004 to December 23, 2004 with Petitioner, Dan Seibert, Dan Seibert, Jr. and Brinley Seibert at 20 Carlisle Road, Apt. 4, Newville, Pennsylvania; f. From December 23, 2004 to January, 2005 with Petitioner, Dan Seibert, Dan Seibert, Jr. and Brinley Seibert at 522 Countryside Trailer Court, Fargo, North Dakota; g. From January 2005 to August 7, 2005 with Petitioner at 522 Countryside Trailer Court, Fargo, North Dakota; h. From August 7, 2005 to January 20, 2006 with Petitioner, Dan Seibert, Dan Seibert, Jr. and Brinley Seibert at 29 Betty Nelson Court, Lot 102, Carlisle, Pennsylvania; i. From January 20, 2006 to February 10, 2006 Asia was in the custody of Cumberland County Children and Youth Services; j. From February 10, 2006 to March 18, 2006 with the Respondent, Respondent's girlfriend, Elizabeth Grimes, her former mother-in-law, and Elizabeth Grimes' son, Derek Grimes at 1018 Harrisburg Pike, Carlisle, Pennsylvania; and k. From March 18, 2006 to October 2006 with the Respondent, Respondent's cousin/girlfriend, Robin Shoemaker, her brother-in-law and sister, William and Jessica Nailor and their three children at RR 1, Box 635, Honey Grove, Pennsylvania; 1. From October 2006 to late November 2006 with the Respondent, Robin Shoemaker, Lois Hurrell and her boyfriend, Brian Barrett, Robin's daughter, Andy, and Brian's daughter, Meghan at RR 1, Port Royal, Pennsylvania; M. From late November 2006 to December 12, 2006 with the Respondent, Respondent's cousin, Amanda Hershey and her boyfriend on North East Street, Carlisle, Pennsylvania; n. From December 12, 2006 to October 7, 2007 with Respondent, Respondent's girlfriend, Virginia York and Mike and Michelle Aussie, Virginia York's sister, Miranda and Virginia York's children, Destiny and Kendall at 175 Beetham Hollow Road, Newville, Pennsylvania; and o. From October 7, 2007 to present with Respondent, Respondent's mother, Mary Hurrell, her husband, Roger Hurrell, Respondent's brother, Kenneth Hershey and his girlfriend, Belinda Barton, and her three children, and one additional child of a sister of Respondent at RD I, Highway 75, East Waterford, Pennsylvania. The mother of Asia is the Petitioner who resides at 208 Big Spring Road, Newville, Pennsylvania 17241. The father of Asia is the Respondent who resides at RD 1, Highway 75, East Waterford, Pennsylvania 17021. 5. The relationship of Petitioner to Asia is that of natural mother. The Petitioner currently resides alone. 6. The relationship of the Respondent to Asia is that of natural father. The Respondent currently resides with Asia; Respondent's mother, Mary Hurrell, and her husband, Roger Hurrell; Respondent's brother, Kenneth Hershey, and his girlfriend, Belinda Barton, and her three children; and one additional child of a sister of Respondent. 7. Petitioner has participated in other litigation concerning the custody of Asia in this or another court, namely in the Court of Common Pleas of Cumberland County, Pennsylvania Juvenile Matter docketed at CP-21 -JV- 17-2006. The Petitioner has no information of a custody proceeding concerning the custody of Asia in this or any other court other than that referenced above. The Petitioner does not know of a person not a party to the proceedings who has physical custody of Asia or claims to have custody or visitation rights with respect to her. 8. The best interests and permanent welfare of Asia will be served best by granting the relief requested because: a) The Petitioner has previously shared physical and legal custody of Asia; b) The Petitioner can provide Asia with a home with adequate moral, emotional and physical surroundings as required to meet Asia's needs; C) The Petitioner is, and has always been, willing to accept custody of Asia; d) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of Asia; e) The Petitioner provides a more stable home environment; f) Respondent has put Asia in contact with Jesse Shoemaker in violation of this Court's Order of August 8, 2007; g) Respondent has put Asia in contact with Kenneth Hershey who lives in the same residence and is an indicated perpetrator of abuse against a minor; h) Kenneth Hershey is presently under investigation for sexual contact with Asia; i) Respondent has again removed Asia from school mid-term; j) Respondent is no longer taking Asia to therapeutic counseling as directed by this Court. k) Respondent has unreasonably refused Petitioner's requests for supervised visits with Asia since this Court's Order of August 8, 2007; 1) Petitioner now has stable employment with MedStaffers and Green Ridge Village and is working toward re-certification as a nursing assistant; m) Petitioner has stable housing and a written lease; and n) Respondent is unemployed. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of Asia has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Asia. WHEREFORE, Petitioner respectfully requests Your Honorable Court grant her physical custody and shared legal custody of Asia Seibert. Respectfully submitted, f races Lauckner VERIFICATION I verify that the statements made in the foregoing Emergency Petition to Modify 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. Tracea Lauckner F:\User Folder\Firm Docs\Gendocs2007\3970.1 Tracea Lauckner\petition.modify,wpd TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4648 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 8th day of August, 2007, after hearing, all prior custody orders are vacated, and replaced with the following Order: 1. Father shall have primary physical and legal custody of Asia Seibert, born October 21, 1997. 2. Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties. We will review this portion of our Order upon request by Mother and as long as we have assurances that Mother will not flee the jurisdiction with the child. 3. The child shall be returned to this jurisdiction immediately. 4. Neither party shall remove the child from this state without a prior order of court. 5. Jesse Shoemaker shall have no contact with the child without further order of this court. 1 ,,R?.S,: TPI ourt, Suzanne Spencer Abel, Esquire Attorney for Jeremiah Shoemaker Office of the Public Defender srs Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this,30 day of October, 2007, I, Tracea Lauckner, hereby certify that I have this day served the following with a copy of the foregoing Emergency Petition to Modify Custody by first class, United States Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Suzanne Spencer Abel, Esquire Neuharth Law Offices 232 Lincoln Way East Chambersburg, Pennsylvania 17201 Attorney for Respondent Respectfully submitted, 4acea Lauckner . ? 4-Ti ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner vs. ; JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this,30 th day of October, 2007, comes Plaintiff/Petitioner, Tracea Lauckner, and files the following Petition for Civil Contempt for Disobedience of Custody Order and in support thereof avers as follows: 1. Petitioner, Tracea Lauckner, an adult individual residing at 208 Big Spring Road, Newville, Pennsylvania, is the natural mother of the minor child, Asia Seibert, born October 21, 1997, hereinafter Asia. 2. Respondent, Jeremiah Shoemaker, an adult individual residing at RD 1, Highway 75, East Waterford, Pennsylvania, is the natural father of Asia. 3. That on August 8, 2007, The Honorable Edward E. Guido, entered an Order of Court regarding custody of Asia. A true and correct copy of the August 8, 2007 Order is attached to this Petition as Exhibit "A". 4. Respondent has violated the August 8, 2007 Order by failing to comply with the provisions of the Order. 5. Paragraph 2 of the Order provides: Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties..." 6. Respondent has refused or failed to comply with this provision by unreasonably refusing Petitioner's requests for supervised visits with Asia since August 8, 2007. 7. Paragraph 5 of the Order provides: "Jesse Shoemaker shall have no contact with the child without further order of this Court." 8. Respondent has failed to comply with this provision by putting Asia in contact with Jesse Shoemaker. 9. Petitioner requests that the allegations of this Petition be addressed at a hearing before the Court as soon as the Court's schedule will allow. WHEREFORE, Petitioner requests that Respondent be ordered to strictly comply with the August 8, 2007 Order of Court, be held in contempt of court, and be ordered to pay Petitioner's attorneys fees. Respectfully submitted, acea Lauckner VERIFICATION I verify that the statements made in the foregoing Petition for Civil Contempt for Disobedience of Court 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 unworn falsification to authgrities. TrIAcea Lauckner FAUser Folder\Firm Docs\Gendocs2o0713970.1 7racea Laucknerkontempt.pet.wpd TRACEA LAUCKNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4648 CIVIL TERM JEREMIAH SHOEMAKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 8th day of August, 2007, after hearing, all prior custody orders are vacated, and replaced with the following Order: 1. Father shall have primary physical and legal custody of Asia Seibert, born October 21, 1997. 2. Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties. We will review this portion of our Order upon request by Mother and as long as we have assurances that Mother will not flee the jurisdiction with the child. 3. The child shall be returned to this jurisdiction immediately. 4. Neither party shall remove the child from this state without a prior order of court. 5. Jesse Shoemaker shall have no contact with the .,,, 6% A ,.. ,.4,*. child without further order of this Court. 0?R „_ ... ?.;,- Edward E. Guido, J.1 - - -,.w Suzanne Spencer Abel, Esquire Esquire n yy Shultz, Attorney for Jeremiah Shoemaker Lw Sheriff Office of the Public Defender srs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner No. 06-4648 IN CUSTODY vs. JEREMIAH SHOEMAKER, CIVIL ACTION - LAW Respondent CERTIFICATE OF SERVICE AND NOW, this day of October, 2007, I, Tracea Lauckner, hereby certify that I have this day served the following with a copy of the foregoing Petition for Civil Contempt for Disobedience of Court Order by first class, United States Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Suzanne Spencer Abel, Esquire Neuharth Law Offices 232 Lincoln Way East Chambersburg, Pennsylvania 17201 Attorney for Respondent Respectfully submitted, C E D 11?) ?Ik Tracea Lauckner r? (? ? ?-_:? _ c`: ? ? f V `??? . ? .? ^y???? }' i ,. ' '.. ? ? C.? Y r ' © } f f 1 tC.. "1 t . ... t Y;l - rte"" _ %...? any rW? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW this ? day of October, 2007, comes Plaintiff, Tracea Lauckner, and represents as follows: 1. Petitioner, Tracea Lauckner, is an adult individual sui juris, who resides at 208 Big Spring Road, Newville, Cumberland County, Pennsylvania. 2. Petitioner is filing a Petition to Modify Custody and a Petition for Civil Contempt for Disobedience of Custody Order and due to financial circumstances is unable to pay any of the costs or expenses of same. See Petitioner's Financial Affidavit attached hereto as Exhibit "A". WHEREFORE Petitioner requests that an Order be entered granting leave to proceed in this matter in forma pauperis without the payment of costs. Respectfully submitted, 11A races LF:%U%r FoldQTi m Do \Owdocs2W70970-1 Treces Leuck-%inpsuperis.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, No. 06-4648 Petitioner IN CUSTODY vs. : JEREMIAH SHOEMAKER, CIVIL ACTION - LAW Defendant AFFIDAVIT I . I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Tracea Lauckner Address: 208 Big Spring Road, Newville, PA 17241 Social Security Number: 502-94-6584 (b) Employment If you are presently employed, state Employer: Green Ridge Village Address: 210 Big Spring Road Newville, PA 17241 Salary or wages per month: $1,200.00 Type of work: Medical F?\Um F.W.Wi- Dots\Umdm2007\19101 T.-L-cknc\inp-p-swpd • If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: Support payments: Disability payments: Unemployment compensation and supplemental Benefits: Workman's Compensation: Public assistance: Foodstamps $400.00 Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (wife)(husband) is employed, state Employer: Salary or wages per month: Type of work: FAU-Fddffirm Do \Cendo.2007\3970-1 Traces 1-xkmr\inpaupai9-pd Contributions from children: Contributions from parents: Other contributions: (e) Property Owned Cash: Checking account: Savings account: Certificates of deposit: Real estate (including home): Motor Vehicle: Make: N/A, Year 1996 Chevrolet Cavalier Cost $2,400.00, Amount Owed $700.00 Stocks; bonds: Other: (f) Debt and obligations Mortgage: Rent: $400.00 Loans: $100.00 Other: (g) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name: Asia Seibert, Daniel Seibert, Jr. and Brinley Seibert Other persons: F-\Us Folda\Fvm Dots\Cmdocs2007\3470-1 T- Lauckna4npaupais.wpd Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: r D la 011jea:z k- - Lauckner COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this, the 0A day of October, 2007, before me, the undersigned officer, personally appeared, Tracea Lauckner, known to me or satisfactorily proven to be the person whose names is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dilly M. Housel, Notary Public MiCldleaeat'TiNp., Cumberland County My Comttlissi0n Expires Sept. 24,2D10 Member, Pennsylvania Aseociadon of Notaries (SEAL) F:Ww Folda%Firm D=kGend-200713970-1 Trama Laucknalinpauperis.wpd C3 ra ? ? C?) "_' r?? ?_'-?' ?,sY! I.. ' ? 7 , ` .. rU :?,, ? ?? OCT 302007b/1`-/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner vs. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW TEMPORARY ORDER OF COURT, _ P" A AND NOW, .s 0 a4y of a , 20 JivaP , nt &Oak ? rn non t By P.J. cS:II14 I 1.1 1.0%' ]Hi jO . o O • OCT 3 A 2007 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, No. 06-4648 Petitioner IN CUSTODY vs. JEREMIAH SHOEMAKER, CIVIL ACTION - LAW Respondent ORDER AND NOW this jt? day of / ?/ y P?Z?007 upon consideration of the within Petition and Exhibit, the Court being satisfied of the truth of the averments therein, and the Court further being satisfied that Petitioner is unable to pay any of the costs of these proceedings, it is therefore Ordered and Decreed that the Petitioner may, pursuant to Pa. R.C.P. 1920.62, proceed with a divorce action in forma pauperis without payment Ofo-?ts. J. FAUsa Fold"Tim D-Wimda Q00T3970-1 Trac a La=knalinpaupais-pd e S :11 W 1 C 13 LOOZ S0 .ate =`` '- 10 a n TRACEA LAUCKNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMIAH SHOEMAKER DEFENDANT • 2006-4648 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 31, 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, November 27, 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/ Jacqueline M. Verney, Esq. 417? Custody Conciliator P 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 /;wy- -i ^kt.,?1.... .?i`rl-t 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW PETITION FOR CIVILCONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER, AND NOW, this th day of July, 2008, comes Plaintiff/Petitioner, Tracea Lauckner, and files the following Petition for Civil Contempt for Disobedience of Custody Order and in support thereof avers as follows: 1. Petitioner, Tracea Lauckner, an adult individual residing at 701 Stanwix Circle, Apartment # 1, Carlisle, Pennsylvania, is the natural mother of the minor child, Asia Seibert, born October 21, 1997, hereinafter Asia. 2. Respondent, Jeremiah Shoemaker, an adult individual residing at 189 Conodoguinet Mobile Estates, Newville, Pennsylvania, is the natural father of Asia. 3. That on August 8, 2007, The Honorable Judge Guido, entered an Order of Court regarding custody of Asia. A true and correct copy of August 8, 2007 Order is attached to this Petition as Exhibit "A". 4. Respondent has violated the August 8,2007 Order by failing to comply with the provisions of the order. qP 5. Paragraph 2 of the Order provides: Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties..." 6. Respondent has refused or filed to comply with this provision unreasonably refusing Petitioner's requests for supervised visits with Asia since August 8, 2007. 7. Paragraph 5 of the Order provides: "Jesse Shoemaker shall have no contact with the child without further Order of this Court." 8. Respondent has failed to comply with this provision by putting Asia in contact with Jesse Shoemaker. 9. Petitioner's requests that the allegations of this Petition be addressed at a hearing before the Court as soon as the Courts schedule will allow. WHEREFORE, Petitioner requests that Respondent be ordered to strictly comply with the August 8, 2007 Order of Court, be held in contempt of court, and be ordered to pay Petitioner's attorney fees. 11 UVVU LUUb1.11G1 h Exhibit 66A" TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4648 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 8th day of August, 2007, after hearing, all prior custody orders are vacated, and replaced with the following order: 1. Father shall have primary physical and legal custody of Asia Seibert, born October 21, 1997. 2. Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties. We will review this portion of our Order upon request by Mother and as long as we have assurances that Mother will not flee the jurisdiction with the child. 3. The child shall be returned to this jurisdiction immediately. 4. Neither party shall remove the child from this state without a prior order of court. 5. Jesse Shoemaker shall have no contact with the child without further order of this Court. By t. Court., WW Of A Zal Suzanne Spencer Abel, Esquire Attorney for Jeremiah Shoemaker Office of the Public Defender Sean M. Shultz,.Esquire Sheriff srs VERIFICATION I verify that the statements made in the forgoing Petition for Civil Contempt for Disobedience of Court Order are true and con ect to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. Tracea Lauckner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, No. 06-4648 Petitioner IN CUSTODY vs. JEREMIAH SHOEMAKER, CIVIL ACTION - LAW Respondent CETIFICATE OF SERVICE AND NOW, this /? day of July, 2008,1, Tracea Lauckner, hereby certify that I have this day served the following with a copy of the foregoing petition for Civil Contempt for Disobedience of Court Order by hand delivering to the addressed as follows: Suzanne Spencer Abel, Esquire Neuharth Law Offices 232 Lincoln Way East Chambersburg, Pennsylvania 17201 Attorney for Respondent spectful r b "tted, Tracea Lauckner ra IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner vs. JEREMIAH SHOEMAKER, Respondent No. 06-4648 : IN CUSTODY CIVIL ACTION - LAW PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW, this 2 -- AND July, 2008 comes plaintiff, Tracea Lauckner, and represents as follows: 1. Petitioner, Tracea Lauckner, is an adult individual sui juris, who resides at 701 Stanwix Circle, Apt. 1, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is filing a Petition to Modify Custody and Petition for Civil Contempt for Disobedience of Custody Order and due to financial circumstances is unable to pay any of the costs or expenses of same. See Petitioner's Financial Affidavit attached hereto as Exhibit «A„ WHEREFORE Petitioner requests that an order be entered granting leave to proceed in this matter in forma pauperis without the payment of costs. Respectfully s miffed r Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW AFFIDAVIT 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the cost of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs are true and correct: (a) Name: Tracea Lauckner Address: 701 Stanwix Circle,Apt.l,Carlisle, PA 17013 Social Security: 502-94-6584 (b) Employment If you are presently employed, state Employer: Loyalton of Creekview 1100 Grandon Way Mechanicburg, PA 17055 Salary or wages per month:$1600.00 Type of work: Medical if you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business of profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability Payments: Unemployment compensation and supplemental Benefits: Workman's compensation: Public assistance: Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (Wife)(Husband) is employed state Employer: Salary or wages per month: Type of work: ti Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: Checking account: Savings account: Certificates of deposit: Real estate (including home): Motor Vehicle:Make: Stocks; bonds: Other: (f) Debt and obligations Mortgage: Rent: $760.00 Electric: $120.00 Phone: $50.00 Other: Child Support: $230.00 (g) Persons Dependent on you for support (Wife)(Husband) Name: Children if any: Name: Asia Seibert, Daniel Seibert,Jr. And Brinley Seibert Other persons: Name: Relationship: 4. I understand that I have a`continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the cost incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. 4904, relating to unworn falsification to authorities. Date:-V/) (a I ? ? V -T 4r"aceaLauc COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ):ss. On this, the ' /? W4- day of July, 2008, before me, the undersigned officer, personally appeared, Tracea Lauckner,known to me or satisfactory proven to be the person whose name is subscribed to the within instrument, and acknowledged the she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) 6MY ifti 0 OSE . '7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner : vs. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW EMERGENCY PETITION TO MODIFY CUSTODY 0 3 f-' , AND NOW, this day of July, 2008, comes the petitioner, Tracea Lauckner, and files the following Emergency Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Tracea Lauckner, and adult individual residing at 701 Stanwix Circle, Apartment #1, Carlisle, Pennsylvania 17013. 2. The Respondent is Jeremiah Shoemaker, an adult individual residing at 189 Conodoguinet Mobile Estates, Newville, Pennsylvania, 17241. 3. Petitioner seeks modification of the Order of Court dated August 8, 2007,a copy of which is attached hereto and made part hereof and is marked as Exhibit "A". Name 4. The plaintiff seeks primary custody and visitation of the following child: Present Residence Age D/O/B Asia Seibert 189 Conodoguinet Mobile Estates 10 10/21/97 Newville, PA 17241 Asia was born out of wedlock. Asia is presently in the physical custody of the Respondent. In addition to Asia's present address, during the past five years, she has resided with either Petitioner or Respondent at the following addresses: a. From August of 2001 to November 13, 2002 with petitioner, petitioner's fianc6e, Daniel Seibert Sr. and their newborn natural child, Daniel Seibert Jr. at 584 Meals Road, Gardners, Pennsylvania; b. From November 13, 2002 to August 18, 2003 with Petitioner, Daniel Seibert Sr, their newborn natural child, Brinley Seibert and Daniel Seibert Jr. at 20 East Street, Mt. Holly, Pennsylvania; C. From August 18, 2003 to October, 2003 with Petitioner and Brinley Seibert at 27 Chestnut Street, Apt.2, Mt. Holly, Pennsylvania. d. From October, 2003 to June, 2004 with Petitioner and Brinley Seibert at 519 Woodbury Road, Shippensburg, Pennsylvania.; e. From June, 2004 to December 23, 2004 with Petitioner, Daniel Seibert, Sr., Daniel Seibert Jr. and Brinley Seibert at 20 Carlisle Road, Apt. 4, Newville, Pennsylvania; f. From December 23, 2004 to January, 2005 with Petitioner, Daniel Seibert, Sr., Daniel Seibert, Jr. and Brinley Seibert at 522 Country Side Trailer Court, Fargo, North Dakota; g. From January, 2005 to August 7, 2005 with Petitioner at 522 Country Side Trailer Court, Fargo, North Dakota; h. From August 7, 2005 to January 20, 2006 with Petitioner, Daniel Seibert, Sr., Daniel Seibert, Jr. and Brinley Seibert at 29 Betty Nelson Trailer Court, Lot 102, Carlisle, Pennsylvania; i. From January 20, 2006 to February 10, 2006 Asia was in the custody of Cumberland County Children and Youth Services; j. From February 10,2006 to March 18, 2006 with Respondent, Respondent's girlfriend, Elizabeth Grimes, her former mother- in -law, and Elizabeth's son, Derek Grimes at 1018 Harrisburg Pike, Carlisle, Pennsylvania; and k. From March 18, 2006 to October 2006 with the Respondent, Respondent's cousin/wife, Robin Shoemaker, her brother- in -law and sister, William and Jessica Nailor, and three Children at RR1, Box 635, Honey Grove, Pennsylvania.; 1. From October 2006 to late November 2006 with Respondent, Robin Shoemaker, Lois Hurrell and her boyfriend Brian Barrett, Robin's daughter Andy, and Brian's daughter, Meghan at RR 1, Port Royal, Pennsylvania; m. From late November 2006 to December 12, 2006 with respondent, Respondent's cousin, Amanda Hershey and her boyfriend on North East Street, Carlisle, Pennsylvania. n. From December 12, 2006 to October 7, 2007 with Respondent, Respondent's fiancee, Virgina York and Mike and Michelle Aussie, Virgina York's sister Miranda and Virgina York's children, Destiny and Kendall at 175 Beetham Hollow Road, Newville, Pennsylvania; o. From October 7, 2007 to February 22, 2008 with Respondent, Respondent's mother Mary Hurrell, her husband, Roger Hurrell, Respondent's brother, Kenneth Hershey and his girlfriend, Belinda Barton, and her three children, and one additional child of the sister of Respondent, Eric Reese, Jr. at RD I, Highway 75, East Waterford, Pennsylvania; and P. From February 22, 2008 to present with Respondent, Respondent's girlfriend Amanda Miller, and Respondent's girlfriend's grandmother Betty Negley at 189 Conodoguinet Mobile Estates, Newville, Pennsylvania. The mother of Asia is the Petitioner who resides at 701 Stanwix Circle, Apt. 1, Carlisle, Pennsylvania 17013. The father of Asia is the Respondent who resides at 198 Conodoguinet Mobile Estates, Newville, Pennsylvania 17241. 5. The relationship of Petitioner to Asia is that of the natural mother. The petitioner currently resides fianc6e Daniel Seibert Sr., and the Petitioner's two natural children Daniel Seibert, Jr. and Brinley Seibert. 6. The relationship of the Respondent to Asia is that of the natural father. The Respondent currently resides with Asia, Respondent's girlfriend, Amanda Miller, and her grandmother, Betty Negley. 7. Petitioner has participated in other litigation concerning the custody of Asia in this or any another court, namely in the Court of Common Pleas of Cumberland County, Pennsylvania Juvenile Matter docketed at CP-21-JV 17-2006. The Petitioner does not know of a person not a party to have to the proceedings who has physical custody if Asia or claims to have custody or visitation right with respect to her. 8. The best interests and permanent welfare of Asia will be served by granting the relief requested because: a) The Petitioner has previously shared physical and legal custody of Asia; b) The Petitioner can provide Asia with a home with adequate moral; emotional and physical surroundings as required to meet Asia's needs; c) The Petitioner is, and has always been willing to accept custody of Asia; d) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of Asia; e) The Petitioner provides a more stable home environment; f) Respondent has put Asia in contact with Jesse Shoemaker in violation of this Court's Order of August 8, 2007; g) Respondent has put Asia in contact with Kenneth Hershey, who, Respondent has lived with in October of 2007 and is an indicated perpetrator of abuse against a minor; h) Kenneth Hershey is presently under investigation for sexual contact with Asia; i) Respondent has enrolled Asia in threes different schools since, the Court's Order of August 8, 2007; j) Respondent is no longer taking Asia to therapeutic counseling as directed by this Court; k) Respondent has unreasonably refused Petitioner's request for supervised visits with Asia since this Court's Order of August 8, 2007; 1) Petitioner now has completed Nurse Aid Certification Schooling and she has employment with Loyalton of Creekview as a Nurse Aid. m) Petitioner has more stable housing, and has lived at current address for eight months n) Respondent is unemployed. 9. Each parent whose rights have not been terminated and the person who has physical custody of Asia has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Asia. WHEREFORE, Petitioner respectfully request Your Honorable Court grant her physical custody and shared legal custody of Asia Seibert. Respectfully sub itted, Tracea Lauckner Exhibit "A" TRACEA LAUCKNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4648 CIVIL TERM JEREMIAH SHOEMAKER, Defendant,- IN CUSTODY ORDER OF COURT AND NOW, this 8th day of August, 2007, after hearing, all prior custody orders are vacated, and replaced with the following Order: 1. Father shall have primary physical and legal custody of Asia Seibert, born October 21, 1997. 2. Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties. We will review this portion of our Order upon request by Mother and as long as we have assurances that Mother will not flee the jurisdiction with the child. 3. The child shall be returned to this jurisdiction immediately. 4. Neither party shall remove the child from this state without a prior order of court. 5. Jesse Shoemaker shall have no contact with the child without further order of this Court. Edward E Suzanne Spencer Abel, Esquire Attorney for Jeremiah Shoemaker Office of the Public Defender Sheriff srs Sean M. Shultz, Esquire VERIFICATION I verify that the statements made in the forgoing Emergency Petition to Modify are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Q? Tracea Lauckner U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACER LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW CETIFICATE OF SERVICE AND NOW, this 1 '7day of July, 2008,1, Tracea Lauckner, hereby certify that I have this day served the following with a copy of the foregoing petition for Civil Contempt for Disobedience of Court Order by hand delivering to the addressed as follows: Suzanne Spencer Abel, Esquire Neuharth Law Offices 232 Lincoln Way East Chambersburg, Pennsylvania 17201 Attorney for Respondent mi spec4Laer T acea a Fri TRACEA LAUCKNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMIAH SHOEMAKER DEFENDANT 2006-4648 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, July 18, 2008 , 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, August 21, 2008 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. 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 uelrne 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 ??n?? ?'??w ?j ?o r?? ?, ?,?:? ?????a L ? S l^i "` >? x,,17 ? ? ? ?? C??? ._ t1 ;? Jt tY ?'"'? -,?_ . _ .. IN THE COURT OF COMMON PLEAS OF JUL 17 2008 CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW TEMPORARY ORDER OF COURT AND NOW, this day of 2008, Jeremiah Shoemaker, Respondent in the above-referenced matter is hereby ordered to immediately Seibert to Tracea Lauckner, Petitioner in the above-referenced matter until further Order of this Court in this matter. By the Court: ,P.J. J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner vs. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW PETITION FOR CIVILCONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER, AND NOW, this th day of July, 2008, comes Plaintiff/Petitioner, Tracea Lauckner, and files the following Petition for Civil Contempt for Disobedience of Custody Order and in support thereof avers as follows: 1. Petitioner, Tracea Lauckner, an adult individual residing at 701 Stanwix Circle, Apartment # 1, Carlisle, Pennsylvania, is the natural mother of the minor child, Asia Seibert, born October 21, 1997, hereinafter Asia. 2. Respondent, Jeremiah Shoemaker, an adult individual residing at 189 Conodoguinet Mobile Estates, Newville, Pennsylvania, is the natural father of Asia. 3. That on August 8, 2007, The Honorable Judge Guido, entered an Order of Court regarding custody of Asia. A true and correct copy of August 8, 2007 Order is attached to this Petition as Exhibit "A". 4. Respondent has violated the August 8,2007 Order by failing to comply with the provisions of the order. .0, 5. Paragraph 2 of the Order provides: Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties..." 6. Respondent has refused or filed to comply with this provision unreasonably refusing Petitioner's requests for supervised visits with Asia since August 8, 2007. 7. Paragraph 5 of the Order provides: "Jesse Shoemaker shall have no contact with the child without further Order of this Court." 8. Respondent has failed to comply with this provision by putting Asia in contact with Jesse Shoemaker. 9. Petitioner's requests that the allegations of this Petition be addressed at a hearing before the Court as soon as the Courts schedule will allow. WHEREFORE, Petitioner requests that Respondent be ordered to strictly comply with the August 8, 2007 Order of Court, be held in contempt of court, and be ordered to pay Petitioner's attorney fees. 110.GG0. L0.6?G1U1G1 Exhibit "A" TRACEA LAUCKNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4648 CIVIL TERM JEREMIAH SHOEMAKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 8th day of August, 2007, after hearing, all prior custody orders are vacated, and replaced with the following order: 1. Father shall have primary physical and legal custody of Asia Seibert, born October 21, 1997. 2. Mother may have supervised visitation with the child for two hours per week at a time mutually agreed upon by the parties and with a supervisor mutually agreed upon by the parties. We will review this portion of our Order upon request by Mother and as long as we have assurances that Mother will not flee the jurisdiction with the child. 3. The child shall be returned to this jurisdiction immediately. 4. Neither party shall remove the child from this state without a prior order of court. 5. Jesse Shoemaker shall have no contact with the child without further order of this Court. Edward E. Guido, J. Suzanne Spencer Abel, Esquire Sean M. Attorney for Jeremiah Shoemaker Sheriff Office of the Public Defender srs Shultz, Esquire v ry VERIFICATION I verify that the statements made in the forgoing Petition for Civil Contempt for Disobedience of Court Order are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Tracea Lauckner 1 R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner vs. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW CETIFICATE OF SERVICE AND NOW, this /7 day of July, 2008,1, Tracea Lauckner, hereby certify that I have this day served the following with a copy of the foregoing petition for Civil Contempt for Disobedience of Court Order by hand delivering to the addressed as follows: Suzanne Spencer Abel, Esquire Neuharth Law Offices 232 Lincoln Way East Chambersburg, Pennsylvania 17201 Attorney for Respondent spectful sub 'Witted, Tracea Lauckner ? ?? ?_ r:? + ?`S • C7CJ {?.._ ? ?, ""-i ?.-".., ...3n '. ?' ra? p?,,3 ..?' ?r_.. 3?1 -?r JUL 17 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, No. 06-4648 Petitioner IN CUSTODY vs. JEREMIAH SHOEMAKER, CIVIL ACTION - LAW Respondent ORDER AND NOW, this day of ,2008 upon consideration of v C/ the within Petition and Exhibit, the Court being satisfied of the truth of the averments therein, and the Court further being satisfied that petitioner is unable to pay any of the costs of theses proceedings, it is therefore ordered and decreed that the Petitioner may, pursuant to Pa. R.C.P. 0- 1920.62, proceed with a-divorce ction in forma paup of costs. 5 J. clad 'S :01 WV CZ IM" OCR go?tr/4 ,y AUG 2 5 2008 3 TRACEA LAUCKNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4648 CIVIL ACTION - LAW JEREMIAH SHOEMAKER, Defendant IN CUSTODY ,,p ? ORDER OF COURT AND NOW, this O?? day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is schedule iwCourt Room o. , of the C mberland County ur t House, on the e day o, 2008, at OV o'clock, 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 five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated August 8, 2007 shall remain in full force and effect with the following additions. 3. Father shall arrange therapeutic counseling for the child within two weeks of the date of this Order. Father shall be financially responsible for the cost of said counseling. 4. It is understood that Father will keep his orientation appointment at the YWCA on August 25, 2008 at 6:00 p.m. Father shall schedule supervised visitation with Mother through the YWCA for the first available appointment that YWCA has. Father shall comply with the prior Order of Court requiring two hours of supervised visitation per week. 5. Mother shall be entitled to reasonable telephone contact with the child on Mondays and Thursdays. Mother shall initiate the telephone call between 7:00 P.M. and 7:30 P.M. Father shall permit the child to speak with her Mother. If not at home, Father shall immediately return the call to Mother. Mother shall refrain from swearing and disparaging language during said telephone calls. Neither party may discuss custody issues with the child. Mother shall not discuss Father's residence, or other family members. If Mother violates this provision, Father may discontinue the telephone call. 6. Kenneth Hershey shall have no contact with the child. jR_ a 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference shall be scheduled by a different Conciliator. BY Edward E. Guido, J. cc ohn M. Kerr, Esquire, Counsel for Mother Xzanne Spencer-Abel, Esquire, Counsel for Father r ,: ?. 0 0 x $' F- ?k TRACEA LAUCKNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4648 CIVIL ACTION - LAW JEREMIAH SHOEMAKER, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Asia Seibert DATE OF BIRTH CURRENTLY IN CUSTODY OF October 21, 2006 Father 2. A Conciliation Conference was held in this matter on August 21, 2008 with the following in attendance: The Mother, Tracea Lauckner, with her counsel, John M. Kerr, Esquire, and the Father, Jeremiah Shoemaker, with his counsel Suzanne Spencer-Abel, Esquire. 3. Mother filed a Petition for Civil Contempt and a Petition to Modify a Custody Order. A prior Order of Court was entered by the Honorable Edward E. Guido dated August 8, 2007 providing for Father to have primary physical custody and legal custody of the child. Mother was to have supervised visitation two hours every week. The Order also provided for the child to be returned to the jurisdiction as apparently Mother had taken the child to North Dakota. The Order also restricted contact between the child and Jesse Shoemaker. 4. Mother's position on custody is as follows: She seeks primary physical custody of the child alleging that Father violated the Order of Court dated August 8, 2007 by refusing supervised visitation to Mother. Mother claims she has not seen the child since the entry of the last Order, although she has attempted to schedule supervised visitation through the YWCA in Harrisburg. Mother further maintains that Father violated the Order of Court in that the child had contact with Jesse Shoemaker. With ?- ^. regard to her request for primary physical custody, Mother asserts that Father never provided the child with therapeutic counseling, that Father has resided in numerous residences since the prior Order and that he has lived with an individual who ahs been investigated by Children & Youth as a sexual perpetrator. 5. Father's position on custody is as follows: Father seeks to maintain the status quo, that is, that he have sole legal and primary physical custody and that Mother should only have supervised visitation. Father is willing to arrange therapeutic counseling for the child and allow Mother to have reasonable telephone contact with the child. He asserts that Mother never contacted him regarding supervised visitation. He has scheduled an intake appointment with the YWCA in Harrisburg so that supervised visits may begin. He explains that the child and Jesse Shoemaker passed each other while in different automobiles. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo, with therapeutic counseling and reasonable telephone contact added. It is expected that the Hearing will require one day. 8-a;t -o8 Date 9 A. " , acq line M. Verney, Esquire Custody Conciliator TRACER LAUCKNER, Respondent V. JEREMIAH SHOEMAKER, Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4648 CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND TO RESCHEDULE HEARING AND NOW, this 8TH day of October, 2008, comes Movant, Jeremiah Shoemaker, represented by Suzanne Spencer Abel, Esq., and who respectfully avers as follows: 1. By Order dated August 28, 2008, The Honorable Judge Guido scheduled a hearing for Monday, October 13, 2008, at 1:00 p.m. in the above referenced custody matter. A copy of the Order is attached as Exhibit A. 2. As a result of attending the three hearings in the parties' support and custody matters in August 2008, Movant's employment was terminated. 3. Movant promptly obtained alternate employment with Cumberland Metal Fabricators, Inc. of Newville, Pennsylvania. 4. There is a 90-day probationary period for all new hires with Cumberland Metal Fabricators, Inc., including Movant. Movant is still in his 90-day probationary period. 5. Movant's work involves the installation of metal structures at various job sites, most of which are located in the south central Pennsylvania area. 6. Approximately three weeks ago, Movant was assigned to an out of state job site in Virginia. Since the job site is located approximately 350 miles from the employer's place of business, all workers, including Movant, are required to leave Sunday night to be at the job site to begin working at 7:00 AM Monday mornings. The workers, including Movant, are further required to remain at the job site through the work week, which concludes at 3:30 PM Fridays, allowing them to return to the Newville / Carlisle area by Friday nights. 7. The Virginia job was originally expected to be concluded by October 10, 2008; however, Movant has been advised that the project has been extended, and will continue for another two to three weeks. To maintain employment, Movant must be at the Virginia job site on Monday, October 13, 2008. Therefore, Movant is unable to attend the hearing presently scheduled for October 13, 2008. 9. Confirmation of Movant's employment status was obtained from Cumberland Metal Fabricators, Inc., and is attached hereto as Exhibit B. 10. Because Movant is a key witness in the instant custody matter involving his daughter, Movant's attendance at the hearing is essential. Movant respectfully asks this Honorable Court to continue the hearing scheduled for October 13, 2008, and to reschedule the hearing at the Court's earliest convenience after November 1, 2008. 11. Opposing counsel, John Kerr, Esq., has been contacted, and he does not concur with this Motion. WHEREFORE, Movant, Jeremiah Shoemaker, respectfully requests this Honorable Court grant a continuance and reschedule the hearing in the above-captioned matter. Respectfully submitted, 11017 nwift 17ala fin, uz n Spenc Abe f, Esq. ID 202443 Spe Abel I aw Office P.O. Box 1161 Carlisle, PA 17013 r , (717) 386-5612 (717) 386-5613 FAX spencerabel@comcast.net VERIFICATION I, Suzanne Spencer Abel, Esq., verify that the statements contained in the foregoing Motion are true and correct to the best of my knowledge. Said information is based upon conversations between the undersigned and Movant, Jeremiah Shoemaker, who is temporarily residing and working at a job site in Virginia. The undersigned prepared the instant pleading using information that was verbally provided to the undersigned by Movant. The undersigned then contacted Movant and read the contents of the instant pleading to Movant. Movant thereupon approved the accuracy of said pleading. The information contained in said pleading is true and accurate to the best of Movant's knowledge and belief. This verification is made pursuant to Rule 1024 (c)(2) of the Pennsylvania Rules of Court since Petitioner is out of Cumberland County and his verification cannot be obtained in a timely manner. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. 44904, relating to unsworn falsification to authorities. Date: /0(Sk X- S an e Spencer Abel ID #: 2021443 Sp r Abel Law Office P.O. Box 1161 Carlisle, PA 17013 (717) 386-5612 (717) 386-5613 FAX spencerabel@comcast.net TRACER LAUCKNER, Respondent v. JEREMIAH SHOEMAKER, Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4648 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Motion for Continuance and to Reschedule Hearing, I am this day serving a copy of same by FAX, to the following: John Kerr, Esq.. Law Office of John Kerr 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 FAX # 766-4066 Date: Q W Su a e Spencer ffbe ID #: 202443 Sp er Abel Law Office P.O. Box 1161 Carlisle, PA 17013 (717) 386-5612 (717) 386-5613 FAX spencerabel@comcast.net TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant - 417 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4648 CIVIL ACTION - LAW : IN CUSTODY -_ ORDER OF COURT AND NOW, this 0?'* day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is schedule i?ourt Roo, of the C mberland County ourt House, on the day of , 2008, at QV o'clock, r. 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 five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated August 8. 2007 shall remain in full force and effect with the following additions. 3. Father shall arrange therapeutic counseling for the child within two weeks of the date of this Order. Father shall be financially responsible for the cost of said counseling. 4. It is understood that Father will keep his orientation appointment at the YWCA on August 25. 2008 at 6:00 p.m. Father shall schedule supervised visitation with Mother through the YWCA for the first available appointment that YWCA has. Father shall comply with the prior Order of Court requiring two hours of supervised visitation per week. 5. --Mother shall be entitled to reasonable telephone contact with the child on Mondays and Thursdays. Mother shall initiate the telephone call between 7:00 P.M. and 7:30 P.M. Father shall permit the child to speak with her Mother. If not at home, Father shall immediately return the call to Mother. Mother shall refrain from swearing and disparaging language during said telephone calls. Neither party may discuss custody issues with the child. Mother shall not discuss Father's residence, or other family members. If Mother violates this provision, Father may discontinue the telephone call. 6. Kenneth Hershey shall have no contact with the child. C4&61r ,4 3 J N 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference shall be scheduled by a different Conciliator. BY TXE COURT, Edward E. Guido, J. cc: John M. Kerr. Esquire, Counsel for Mother Suzanne Spencer-Abel, Esquire, Counsel for Father TRUE COPY FROM RECORD In Testimony whereof, I here unto set my !rand set( of sa1d_QLVyX jarlisk, Pa. TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4648 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Asia Seibert October 21, 2006 Father 2. A Conciliation Conference was held in this matter on August 21, 2008 with the following in attendance: The Mother, Tracea Lauckner, with her counsel, John M. Kerr. Esquire. and the Father, Jeremiah Shoemaker, with his counsel Suzanne Spencer-Abel. Esquire. 3. Mother filed a Petition for Civil Contempt and a Petition to Modify a Custody Order. A prior Order of Court was entered by the Honorable Edward E. Guido dated August 8, 2007 providing for Father to have primary physical custody and legal custody of the child. Mother was to have supervised visitation two hours every week. The Order also provided for the child to be returned to the jurisdiction as apparently Mother had taken the child to North Dakota. The Order also restricted contact between the child and Jesse Shoemaker. 4. Mother's position on custody is as follows: She seeks primary physical custody of the child alleging that Father violated the Order of Court dated August 8, 2007 by refusing supervised visitation to Mother. Mother claims she has not seen the child since the entry of the last Order. although she has attempted to schedule supervised visitation through the YWCA in Harrisburg. Mother further maintains that Father violated the Order of Court in that the child had contact with Jesse Shoemaker. With OCT-7;-EBW • 12:32 FROM: crF 717 776 7286 C%4p" cuwaeaLanD n1KTaL FaaDicaTDQS 1"=C3 F1bC2 2STtC3 October 7, 2008 Re: Jeremiah Shoemaker To Whom It May Concern: T0:3865613 P.O. Box 31 130 Doubling Gap Rd. Newville, PA 17241 Phone: 717-776-9778 Fam 717-776-7286 e-mail: wcomnfigg@cmfmggM2rated.com Jeremiah Shoemaker is currently employed by Cumberland Metal Fabricators, Inc. and is under a 9UW probation period. He is not entitled to any vacaion days or time off during the pmbabon period. Any days taken off will jeopardize his employment. Jeremiah is currently working out of the state and will continue to be for the next two to three weeks. If you have any questions, please coriW me at 717.776.9778 at your wrivenience. Regards, Laura Gamer, Office Manager Cumberland Metal Fabricators, Inc. P.2 RI EN Autborrzed Distributor and Erector for Pre-"roared RIGID BUILDING SYSTEMS ?iCN1?1 J ? ,nrn?innna nn•rti RRrRTVFn FROM: 7177767286 #0552-002 c;? r_:_ 4.? .?"? 4Yr"t ?y i ...? (;`? ?. ?, k '"'?,A -;`_ ^.5. o/ OCT o s zooe? TRACEA LAUCKNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4648 JEREMIAH SHOEMAKER, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this / clay of a &Vk , 2008, upon consideration of Movant's Motion for Continuance and to Reschedule Hearing, the hearing scheduled for Monday, October 13, 2008, is hereby continued, and is rescheduled for , the SI 7, da of becz .074 Y 2008, at 4 3 Q o'clock AM/ M, in Courtroom #3 of the Cumberland County Courthouse. Ta- Y AP -4& S;,u a,,,,e,. L.?? ou-i aWY4, So- BY THE COURT: /T-O1 Edward E. uio J Cc. n M. Kerr, Esquire, Counsel for Mother ? Suzanne Spencer Abel, Esquire, Counsel for Father eon t'es ,rya t LL /v/tvl v13 tZV7 ;i ssd L 0 -.11 W 01 10 0001 1,Lu-d 31A k; TRACEA LAUCKNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4648 CIVIL ACTION - LAW JEREMIAH SHOEMAKER, Defendant IN CUSTODY CUSTODY AGREEMENT Plaintiff, Tracea Lauckner (hereinafter "Mother") and Defendant, Jeremiah Shoemaker (hereinafter "Father"), having the best interest of their minor child, Asia Seibert (hereinafter "Asia"), born October 21,1997, do hereby agree as follows: The parents acknowledge and agree that it is in the best interest and welfare of Asia that they retain shared legal custody. The parents' acknowledgment and agreement to shared legal custody is in consideration of the following: a. Both parents agree that Asia presently perceives both parents as a source of love and security, and wish to continue those relationships. Both parents realize and appreciate that it is critical for Asia's healthy development that she feels good about, and loving towards, both parents and that both parents play a major role in helping to achieve this goal. Therefore, both parent agree to use reasonable efforts to promote a positive relationship between Asia and the other parent. Neither parent shall undermine the child's relationship with the other parent, nor shall either party permit third persons to undermine Asia's relationship with the other parent. b. Both parents recognize the deep love, devotion, and dedication of the other to their minor child. Both parents also feel that the other parent is fully capable and competent to raise their minor child and to make a home for Asia in which she can grow up in a wholesome, loving, and harmonious atmosphere. Both parents recognize that the other parent has a right to, and shall fully participate with the other parent, in all important matters pertaining to Asia's health, welfare, education, and upbringing. Both parents agree to consult with each other regarding major decisions affecting Asia. The requirement of consultation means that both parents shall have meaningful input into decisions affecting Asia before final decisions are made. Both parents also will seek to agree, insofar as possible, regarding Asia's religious training, but the parties recognize that each party has the right to expose Asia to his or her respective religious beliefs. c. Both parents agree that they possess the ability to communicate and cooperate with each other in promoting Asia's best interests. They further agree to keep the other advised of his or her current addresses and telephone numbers (including cell phone numbers) for residence and work. In the event either parent travels out of town for any overnight period with the child, the traveling parent shall provide the other parent with an itinerary that includes addresses and telephone numbers at which the child can be reached. Moreover, both parents agree that neither parent shall travel outside of the jurisdiction of this court with Asia for more than 48 hours without the prior consent of the other parent. d. Both parents understand that some decisions must be made on an emergency basis and, in such an event, each parent acknowledges full confidence in the other's ability to make a unilateral decision for Asia's health and welfare, which otherwise would be a joint decision of the parents. When a unilateral decision on a significant matter is made, the parent making that decision shall promptly notify the other parent. e. Both parents agree to execute any documents required by the child's school, all medical providers, including mental health providers, and all extra-curricular activities to facilitate communications with both parents; and further agree to do nothing to impede any third-party communications with the other parent. Mother specifically agrees to facilitate and encourage Asia's ongoing cooperation to obtain any releases required to provide Father with such information. 2. Mother shall exercise primary physical custody of Asia during the school year; Father shall exercise partial custody on alternating weekends from Friday after school, or 5:00 PM when there is no school, through Sunday at 7:00 PM. Father's first custodial weekend shall be October 24-26,2008. 3. From the end of the school year in June, for the entire balance of the month of June, and for the entire month of August until the beginning of the school year, Father shall exercise primary physical custody of Asia. During the entire month of July, Mother shall exercise primary physical custody. There are no weekend visitations during the summer months. 4. Mother agrees to guarantee Asia's phone calls to Father between 7:00 PM and 8:00 PM every Monday and Thursday during the school year and during the month of July. Father's agrees to guarantee Asia's phone calls to Mother between 7:00 PM and 8:00 PM every Monday and Thursday during the months of June and August. 5. The parties shall share custody for the following holidays as indicated, which schedule shall supersede the above regular custody schedule: a. Christmas &t New Year's In odd years, Father shall exercise custody from the beginning of the school holiday vacation until noon December 27th; and Mother shall exercise custody from noon December 27th until the resumption of school. In even years, the schedule shall reverse. b. Easter In odd years, Mother shall exercise custody from the beginning of the school holiday vacation until 2:00 PM Easter Sunday; Father shall exercise custody from 2:00 PM Easter Sunday until the resumption of school. In even years, the schedule shall reverse. c. Mother's Day Mother shall exercise custody from 9:00 a.m. through 7:00 p.m. every Mother's Day. d. Memorial Day In odd years, Father shall exercise custody from the beginning of the school holiday vacation until noon Memorial Day Sunday; Mother shall exercise custody from noon Memorial Day Sunday until the resumption of school. In even years, the schedule shall reverse. e. Father's Day Father shall exercise custody from 9:00 a.m. through 9:00 p.m. every Father's Day. f. July 4th In odd years, Mother shall exercise custody from noon on Jul 3`d through noon July 4th; Father shall exercise custody from noon July 4t through noon July 5th. In even years, the schedule shall reverse. g. Labor Day In odd years, Father shall exercise custody from the beginning of the school holiday vacation through noon Labor Day Sunday; Mother shall exercise custody from noon Labor Day Sunday until the resumption of school. In even years, the schedule shall reverse. h. Asia's Birthday In odd years, Mother shall exercise custody from 5:00 PM (or the end of school) on October 20th through 5:00 PM (or the beginning of school) on October 21St; Father shall exercise custody from 5:00 PM (or the end of school) on October 21St through 5:00 PM (or the beginning of school) on October 22nd. In even years, the schedule shall reverse. i. Thanksgiving In odd years, Mother shall exercise custody on Wednesday from the end of the school day through 3:00 PM Thanksgiving day; Father shall exercise custody from 3:00 p.m. Thanksgiving Day until the resumption of school. In even years, the schedule shall reverse. 6. The party receiving custody shall provide transportation. 7. Mother agrees to provide Father with the right of first refusal for all child care / babysitting needs, specifically including all school holidays. 8. Both parents agree to guarantee Asia's regular, timely attendance at all scheduled counseling sessions, and to timely provide the other parent with the timely schedule of all such appointments, with Asia's present counseling provider at the Stevens Center until Asia graduates from high school, or as otherwise recommended in writing by Asia's counselor. Mother specifically agrees to facilitate and encourage Asia's ongoing cooperation with her counseling. 9. The parents agree that Mother may relocate within the Carlisle Area School District, with the prior consent of Father, which consent shall not be unreasonably withheld. The parents further agree that Mother may not relocate outside of the Carlisle Area School District without Father's prior written consent, or without prior approval by Order of Court. 10. Mother agrees to withdraw any pending support action against Father, and not to request future support from Father. But if Mother does pursue a support action against Father, Mother agrees to the enforcement of the contract stipulating Mother will pay Father a sum equal to the support amount to cover Father's expenses for his care of Asia while she is in his custody. A true and correct copy of the Support Contract is attached as Exhibit A, and is incorporated herein by reference. 11. The parents understand that the terms of this Agreement are subject to verbal modification at any time, as mutually agreed to by the parties. 12. The failure of either parent to exercise, in whole or in part, his/her custodial time with Asia as provided herein shall not constitute a waiver of such custodial rights in the future. 13. The parents agree that this Agreement shall become effectively immediately upon execution of this Agreement, and shall continue in full force and effect until further Order of Court. 14. The parents further agree that this Agreement shall be entered with an Order of Court. IN WITNESS WHEREOF, the parties hereunto set their hands and seal. to a (?? Zt&? Witness Date 4TTracean Lauckner, Plaintiff Mother n ss Date eremiah Shoemaker, Defendant Father TRACEA LAUCKNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01004 S 1998 PACSES # 925100511 JEREMIAH SHOEMAKER, Defendant IN SUPPORT EXHIBIT A SUPPORT CONTRACT Plaintiff, Tracea Lauckner and Defendant, Jeremiah Shoemaker, intending to be legally bound and obligated to the terms herein, hereby stipulate and agree as follows: 1. The parties are the natural parents of Asia Seibert, born October 21, 1997, a minor child. 2. By agreement of the parties, on October 17, 2008, Plaintiff regained primary physical custody of the minor child, with Father exercising substantial physical custody during the summer months as evidenced on the Custody Agreement submitted for entry as an Order of Court at Docket #2006-4648. 3. Also by agreement of the parties, this Support Contract was incorporated by reference into the Custody Agreement as Exhibit A. 4. The parties agree that Defendant shall immediately request the Cumberland County Domestic Relations office suspend the Order at Docket # 00135 S 2006, PACSES # 497108044. 5. The parties agree that Plaintiffs arrears are in no way waived or reduced by the suspension of the Order at Docket # 00135 S 2006, PACSES # 497108044. 6. In consideration for Defendant's relinquishment of primary physical custody and suspension of the Support Order at Docket # 00135 S 2006, PACSES # 497108044, Plaintiff shall immediately reimburse Defendant for any and all support monies Plaintiff subsequently receives from Defendant beginning October 17, 2008, through the minor child's 18t birthday or graduation from high school, which ever occurs later. 7. The parties understand and agree that Plaintiffs reimbursement of any and all support monies subsequently Ordered to be paid by Defendant in the matter at Docket # 01004 S 1998; PACSES # 925100511 shall reimburse Defendant for his undocumented costs incurred to support their minor child during his custodial periods. 8. If for any reason either party fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Contract, then the other party shall have the following rights and remedies: a. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. b. Other Remedies: Any other remedies provided for in law or in equity. c. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. d. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 9. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 10. The parties agree that this Contract shall become effectively immediately upon execution of this Contract, and shall continue in full force and effect until further Order of Court. 11. The parties further agree that this Contract shall be entered with an Order of Court as Exhibit A to the Custody Agreement at Docket #2006-4648, and shall apply by reference to Docket # 01004 S 1998; PACSES # 925100511. IN WITNESS WHEREOF, the parties hereunto set their h nds and seal. W 4) itness Date racea Lau kner /o- /7- v fi ess Date Jeremiah Shoemaker Z" C_. - CC) ? r. OCT 2 8 2008 TRACEA LAUCKNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMIAH SHOEMAKER, Defendant NO. 2006-4648 CIVIL ACTION - LAW IN CUSTODY fy ORDER OF COURT 6 ?04 A ND NOW, this day of , 2008, upon consideration of the parties' executed Custody Agreement, the Agreement and Exhibit A are hereby entered as an Order of Court. The hearing in this matter scheduled for December I, 2008, before this Court is hereby cancelled. yV YB THE COUR Edward E. Guido J. Cc: John M. Kerr, Esquire, Counsel for Mother Suzanne Spencer Abel, Esquire, Counsel for Father .24 -67' 90 : l1 H FEZ 130 9 901 AMU \ C R:1 }4 `Aw? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW, this of September, 2009 comes plaintiff, Traces Lauckner, and represents as follows: 1. Petitioner, Tracea. Lauckner, is an adult individual sui juris, who resides at 228 Sambourne Street, Wilkes-Barre, Luzern County, Pennsylvania. 2. Petitioner is filing a Petition to Modify Custody and due to financial circumstances is unable to pay any of the costs or expenses of same. See Petitioner's Financial Affidavit attached hereto as Exhibit "A". WHEREFORE Petitioner requests that an order be entered granting leave to proceed in this matter in forma pauperis without the payment of costs. pectfull u miffed, A t9 Traces Lauckner Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW AFFIDAVIT 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the cost of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs are true and correct: (a) Name: Address: Tracea Lauckner 228 Sambourne Street, Wilkes- Barre, Pa 18702 Social Security: (b) Employment 502-94-6584 If you are presently employed, state Employer: Salary or wages per month: Type of work: Medical If you are presently unemployed, state Date of last employment: April 1', 2009 Salary or wages per month:$1600.00 Type of work: (c) Other income within the past twelve months Business of profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments:$214.00/ per month Disability Payments: Unemployment compensation and supplemental Benefits: Workman's compensation: Public assistance:$158.00/ twice a month Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (Wife)(Husband) is employed state Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: Checking account: Savings account: Certificates of deposit: Real estate (including home): Motor Vehicle:Make:1989 Chevy Cavalier Z24 Stocks; bonds: Other: (f) Debt and obligations Mortgage: Rent: $450.00 Electric: $50.00 Phone: $ 100.00 Other: Child Support: $ 50.00 (g) Persons Dependent on you for support (Wife)(Husband) Name: Children if any: Name: Asia Seibert, Daniel Seibert,Jr. And Brinley Seibert Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the cost incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. 4904, relating to unworn falsification to authorities. Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ):ss. On this, the .. day of September, 2009, before me, the undersigned officer, personally appeared, Tracea Lauckner, known to me or satisfactory proven to be the person whose name is subscribed to the within instrument, and acknowledged the she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL, PROTHONOTARY,, NOTARY PUBUC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMNISSION EXPIRES JANUARY 4, 2010 (SEAL) PPbL- X-434 A05' 2099 SEA' 23 f 1 4 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, No. 06-4648 Petitioner IN CUSTODY VS. : JEREMIAH SHOEMAKER, CIVIL ACTION - LAW Respondent PETITION TO MODIFY CUSTODY AND NOW, this day of September, 2009, comes the petitioner, Tracea Lauckner, and files the following Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Tracea Lauckner, and adult individual residing at 228 Sambourne Street, Wilkes-Barre, Pennsylvania, 18702. 2. The Respondent is Jeremiah Shoemaker, an adult individual residing at 189 Conodoguinet Mobile Estates, Newville, Pennsylvania, 17241. 3. Petitioner seeks modification of the Order of Court dated October 29*,2008,a copy of which is attached hereto and made part hereof and is marked as Exhibit 'W'. 4. The plaintiff seeks primary custody and visitation of the following child: Name Present Residence Age DIM Asia Seibert 228 Sambourne Street 11 10/21/1997 Wilkes-Barre, Pa 18702 Asia was born out of wedlock. Asia is presently in the physical custody of the Petitioner. In addition to Asia's present address, during the past five years, she has resided with either Petitioner or Respondent at the following addresses: a. From August of 2001 to November 13, 2002 with petitioner, petitioner's fiancke, Daniel Seibert Sr. and their newbom natural child, Daniel Seibert Jr. at 584 Meals Road, Gardners, Pennsylvania; b. From November 13, 2002 to August 18, 2003 with Petitioner, Daniel Seibert Sr, their newbom natural child, Brinley Seibert and Daniel Seibert Jr. at 20 East Street, Mt. Holly, Pennsylvania; C. From August 18, 2003 to October, 2003 with Petitioner and Brinley Seibert at 27 Chestnut Street, Apt.2, Mt. Holly, Pennsylvania. d. From October, 2003 to June, 2004 with Petitioner and Brinley Seibert at 519 Woodbury Road, Shippensburg, Pennsylvania.; e. From June, 2004 to December 23, 2004 with Petitioner, Daniel Seibert, Sr., Daniel Seibert Jr. and Brinley Seibert at 20 Carlisle Road, Apt. 4, Newville, Pennsylvania; f. From December 23, 2004 to January, 2005 with Petitioner, Daniel Seibert, Sr., Daniel Seibert, Jr. and Brinley Seibert at 522 Country Side Trailer Court, Fargo, North Dakota; g. From January, 2005 to August 7, 2005 with Petitioner at 522 Country Side Trailer Court, Fargo, North Dakota; h. From August 7, 2005 to January 20, 2006 with Petitioner, Daniel Seibert, Sr., Daniel Seibert, Jr. and Brinley Seibert at 29 Betty Nelson Trailer Court, Lot 102, Carlisle, Pennsylvania; i. From January 20, 2006 to February 10, 2006 Asia was in the custody of Cumberland County Children and Youth Services; j. From February 10,2006 to March 18, 2006 with Respondent, Respondent's girlfriend, Elizabeth Grimes, her former mother- in -law, and Elizabeth's son, Derek Grimes at 1018 Harrisburg Pike, Carlisle, Pennsylvania; and k. From March 18, 2006 to October 2006 with the Respondent, Respondent's cousin/wife, Robin Shoemaker, her brother- in - law and sister, William and Jessica Nailor, and three Children at RRl, Box 635, Honey Grove, Pennsylvania.; 1. From October 2006 to late November 2006 with Respondent, Robin Shoemaker, Lois Hurrell and her boyfriend Brian Barrett, Robin's daughter Andy, and Brian's daughter, Meghan at RR 1, Port Royal, Pennsylvania; m. From late November 2006 to December 12, 2006 with respondent, Respondent's cousin, Amanda Hershey and her boyfriend on North East Street, Carlisle, Pennsylvania. n. From December 12, 2006 to October 7, 2007 with Respondent, Respondent's fianc6e, Virgina York and Mike and Michelle Aussie, Virgina York's sister Miranda and Virgina York's children, Destiny and Kendall at 175 Beetham Hollow Road, Newville, Pennsylvania. o. From October 7, 2007 to February 22, 2008 with Respondent, Respondent's mother Mary Hurrell, her husband, Roger Hurrell, Respondent's brother, Kenneth Hershey and his girlfriend, Belinda Barton, and her three children, and one additional child of the sister of Respondent, Eric Reese, Jr. at RD1, Highway 75, East Waterford, Pennsylvania. P. From February 22, 2008 to October 29'" 2008 with Respondent, Respondent's girlfriend Amanda Miller, and Respondent's girlfriend's grandmother Betty Negley at 189 Conodoguinet Mobile Estates, Newville, Pennsylvania. q. From October 17'h,2008, to November 27`h, 2008 with Petitioner, Petitioners boyfriend, and petitioner's 2 other children at 701 Stanwix Circle, Carlisle, Pennsylvania. r. From November 27"', 2008 to April 1', 2009 with Petitioner and Petitioner's two children at 650 North College Street, Lot 1, Carlisle, Pennsylvania. S. From April V. 2009 to May 1 8`9 2009 with Petitioner and Petitioner's boyfriend Mark Bass, at 500 Tangerine Street, Mulberry, Florida. t. From May 1', 2009 to June 8d, 2009, in placement through Cumberland County Children And Youth, Carlisle, Pennsylvania U. From June 8te, 2009 to September 1'. 2009, with Petitioner and Petitioner's boyfriend David Kreitzer, and his three children and; V. From September 1 ', 2009 to Present, with petitioner at 228 Sambourne Street, Wilkes-Barre, Pennsylvania. The mother of Asia is the Petitioner who resides at 228 Sambourne Street, Wilkes-Barre, Pennsylvania, 18702. The father of Asia is the Respondent who resides at 198 Conodoguinet Mobile Estates, Newville, Pennsylvania 17241. 5. The relationship of Petitioner to Asia is that of the natural mother. The petitioner currently resides Asia Seibert. 6. The relationship of the Respondent to Asia is that of the natural father. The Respondent currently resides Respondent's girlfriend, Amanda Miller, and her grandmother, Betty Negley. 7. Petitioner has participated in other litigation concerning the custody of Asia in this or any another court, namely in the Court of Common Pleas of Cumberland County, Pennsylvania Juvenile Matter docketed at CP-21-JV 17-2006. The Petitioner does not know of a person not a party to have to the proceedings who has physical custody if Asia or claims to have custody or visitation right with respect to her. 8. The best interests and permanent welfare of Asia will be served by granting the relief requested because: a) The Petitioner has previously shared physical and legal custody of Asia; b) The Petitioner can provide Asia with a home with adequate moral; emotional and physical surroundings as required to meet Asia's needs; c) The Petitioner is, and has always been willing to accept custody of Asia; d) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of Asia; e) The Petitioner provides a more stable home environment; f) Respondent has had no visitation with Asia since the October 29m, order, g) Respondent has had limited to no phone contact, h) Respondent has not participated in and schooling, or counseling appointments, i) Petitioner has continued to maintain Asia's mental health appointments j) Petitioner has continued to maintain Asia's heath and Dental appointments, k) Petitioner has continued to maintain Asia's educational needs, 1) Respondent has indicated that he no longer wishes to have any contact with Asia 9. Each parent whose rights have not been terminated and the person who has physical custody of Asia has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Asia. WHEREFORE, Petitioner respectfully request Your Honorable Court grant her sole physical and legal custody of Asia Seibert. p , Tracea. Lauckner Exhibit "A" O 4. . OCT 2 8 2008( TRACER LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4648 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this c day of , 2008, upon consideration of the parties' executed Custody Agreement, the Agreement and Exhibit A are hereby entered as an Order of Court. The hearing in this matter scheduled for December I, 2008, before this Court is hereby cancelled Y THE COUR Edward E Guido J. Cc: John M. Kerr, Esquire, Counsel for Mother Suzanne Spencer Abel, Esquire, Counsel for Father ?• "t /o - 2 4 - o 10/17/2008 03:53 7173865613 TRACEA LAUCKNEIR, Plaintiff V. JEREMIAH SHOEMAKER, Defendant Spencer Abel Law Office #0574 ?.002 /008 : IN THE COURT OF COMMON PLEAS OF CUMBERUND COUNTY, PENNSYLVANIA : NO. 2006-4648 : CIVIL ACTION - LAW IN CUSTODY CUSTODY AGREEMENT plafnitaff, Traces iauckner (hereinafter "Mother") and Defendant, Jeremiah. Shoemaker (hereinafter "Father"), having the best interest of their minor child, Asia Seibert (here:inafter Asia), born October 21, 3997, do hereby agree as follows: 3. The parents acknowledge and agree that it is in the best interest and welfare of Asia that they retain shamed legal custody. The parents' acknowledgment and agreement do shared legal custody is in consideration of the following. a. Both parents agree that Asia presently perceives both parents as a source of love and security, and wish to continue those relationships. Both parents realize and appreciate that it is critical for Asia's healthy development that she feels good about, and loving towards, both parents and that both parents play a major role in helping to achieve this goal Therefore, both parent agree to use reasonable efforts to promote a positive relationship between Asia and the other parent. Neither parent shall undermine the child's relationship with the other parent, nor shall either party permit third persons to undermine Asia's relationship with the varen t?_ parenr? recognize the weep 2uvG, c,2rvc,n.u.,14 null ur-ULL.duvu V1 Llt4 vL,4" , their minor child Both parents also feel that the other parent is fully capable and competent to raise their minor child and to make a home for Asia in which she can grow up in a wholesome, loving, and harmonious atmosphere. Both parents recognize that the other parent has a right to, and shall fully participate with the outer parenC, 112 all y(IlY(JL'IXUL LUALf, ,) k,-_LLd1LdAA6 4V 1Saia'u 1??a1L?A, ••.?EarG, education, and upbnnging. Both parents agree to consult with each other regarding major decisions affecting Asia. The requirement of consultation means that both parents shall have meaningful input into decisions affecting Asia before final decisions are made. Both parents also will seek to agree, insofar as possible, regarding Asia's religious training, but the parties recognize that each party has the right to expose Asia to his or her respective religious beliefs. c. Both parents agree that they possess the ability to communicate and cooperate with each other m promoting Asia's best interests. They further agree to keep the other advised of his or her current addresses and telephone numbers (including cell phone numbers) for residence and work in the event either parent travels out of town for any overnight period with the child, the traveling parent shall provide the other parent with an itinerary that includes addresses and telephone 10/17/2008 03:53 7173865613 Spancar Abal Law Offica 00575 P.003 /008 numbers at which the child can be reached. Moreover, both parents agree that neither parent shall travel Outside of the juli3dactiorn of this court with Asia for more than 48 hours without the prior consent of the Other Parent d. Both parents understand that some decisions must be made on an emergency basis and, in such an event, each parent acknowledges full confidence in the other's ability to make a unilateral decision for Asia's health and welfare, which otherwise would be a joint decision of the parents. When a unilateral decision on a significant matter is made, the parent malting that decision sh&U promptly notify the other parent e. Both parents agree to -execute any documents required by the child's school, all medical providers, including mental health providers, and all extra-curricular activities to facilitate communications with both parents; and further agree to do nothing to impede any third-parry communications with the other parent Mother specifically agrees to facilitate and encourage Asia's ongoing cooperation to obtain any releases required to provide Father with such information. 2. Mother shall exercise Primary Physical custody of Asia during the school year; Father shall exercise partial custody on alternating weekends from Friday after school, or 500 PM when there is no school, through Sunday at 7:00 PM. Fathers first custodial weekend shall be October 24-26, 2008. 3. From the end of the school year in June, for the entire balance of the month of June, and for the entire month of August until the beginning of the school year, Father shall exercise primary physical custody of Asia. During the entire month of July, Mother shall exercise primary physical custody. There are no weekend visitations dozing the summer months. 4. Mother agrees to guarantee Asia's phone calls to Father between 7:00 PM and 8:00 PM every Monday and Thursday during the school year and during the month of July. Father's agrees to guarantee Asia's phone calls to Mother between 7:00 PM and 8:00 PM every Monday and Thursday during the months of June and August. 5. The parties shall share custody for the following holidays as indicated, which schedule shall supersede the above regular custody schedule: a. chns== &s New Year's In odd years, Father shall exercise custody from the beginning of the school holiday vacation until noon December 27h; and Mother shall exercise custody from noon December 27`t` until the resumption of school in even years, the schedule shall reverse. b. Easter in odd years, mother shall exercise custody from the beginning of the school holiday vacation until 2:00 PM Easter Sunday; Father shall exercise custody from 2:oo PM Easter Sunday until the resumption of school. In even years, the schedule shall reverse. 10/!7/2008 03:54 7173865613 Spencer Abel Law Office #0574 P.004 /008 c. Mother's Day mother shall exercise custody from 9:00 a.m. through 7.00 p.m- every Mother's Day. d Memorial Day in odd, years, Father shall exercise custody from the beginning of the school holiday vacation until noon Memorial Day Sunday; Mother shall exercise custody from noon Memorial Day Sunday until the resumption of school- In even years, the schedule shall reverse. e. Father's Day Father shall exercise custody from 9:00 a -m. through 9:00 p.m. every Father's Day. f. July 4`h In o& years, Mother shall exercise custody from noon on July 3W through noon July 4?; Father shall exercise custody from noon July 4 through noon July 5`h. In even years, the schedule shall reverse. g. Labor Day in odd years, Father shall exercise custody from the beginning of the school holiday vacation through noon Labor Day Sunday, Mother shall exercise custody firm noon Labor Day Sunday until the resumption of school. In even years, the schedule shall reverm h. Asia's Birthday in odd years, Mother shall exercise custody from 5:00 PM (or the end of school) on October 2e through 5:00 PM (or the beginning of school) on October 2?; Father shall exercise custody from 5:00 PM (or the end of school) on October 21" through 5:00 PM (or the beginning of school) on October 22nd. In even years, the schedule shall reverse. L Thanksgiving In odd years, Mother shall excrcm custody on Wednesday from the end of the school day through 3:00 PM 'T'hanksgiving clay, Father shall egcrcise custody from 300 pm Thanksgiving Day until the resumption of school. In, even years, the schedule shalt reverse. 6. The party receiving custody shall provide transportation. 7. Mother agrees to provide Father with the right of first refusal for all child care babysiwng needs, specifically including all school holidays. 8. Both patents agree to guarantee Asia's regular, timely attendance at all scheduled counseling sessions, and to timely provide the other parent with the tamely schedule of all such appointments, with Asia's present counseling provider at the Stevens Center until Asia graduates from high school, or as otherwise recommended in writing by Asia s counselor. Mother specifically agrees to facilitate and encourage Ash's Ongoing cooperation with her counseling. 9. The parents free that Mother may relocate within the Carlisle Area School District, with the prior consent of Father, which consent shall not be unreasonably withheld. The parems further agree that Mother may not relocate outside of the Carlisle Area School District Without Fathers prior written consent, or without prior approval by Order of Court. 10/17/2008 03:54 7173865613 Snencer Abel Law Office #0574 D.005 /008 10. Mother agrees to withdraw any pence super action against Father, and not to request future support from Father. But if Mother does pursue a support action agWnst Father, Mother agrees to the enforcement of the contract sdpuladDg Mother will pay Father a sum equal to the support amount to cover 'Fath&sCXPM9M for his care of Asia while she is in his custody. A true and correct copy of the Support Contract is attached as Exhibit A. and is incorporated herein by reference. 11. The parents understand that the terms of this Agreement are subject to verbal modification at any thee, as mutually armed to by the parties. 12. The failure of either parent to exercise, in whole or in part, his/her custodial time with Asia as provided herein shall not constitute a waiver of such custodial rights in the future. 13. The parents agree that this Agreement shall become effectively immediately upon execution of this Agreement, and shalt continue m full force and effect until further Order of Court. 14. The parents further agree that this Agreement shalt be entered with an Order of Court IN WITNESS v;BjEREoF, the parties hereunto set their hands and seal. 9 Old Witness l )ate Tracea uuc er, Plaintiff Mother 10/17/2008 03:54 7173865613 TRACEALAUCKNM Plaintiff v. jERF.3v(IA,H SHOEMAKER, Defendant Spencer Abel Law Office #05"L P.006 /008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01004 S 1998 PACSES # 925100511 IN SUPPORT EXHIBIT A SUPPORT CONTRACT Plaintiff, Tracea Lauckner and Defendant, jeremiah Shoemaker, intending to be kgally bound and obligated to the terms herein, hereby stipulate and agree as follows: 1. The parties axe the natural parents of Asia Seibert, born October 21. 1997, a minor child. 2. By agreement of the parties, on October 17, 2008, Plaintiff regained primary physical custody of the minor child, with Father exercising substantial physical custody during the summer months as evidenced on the Custody Agreement submitted for entry as an order of Court at Docket #2006-4648. 3. Also by agreement of the parties, this Support Contract was incorporated by reference into the Custody Agreement as Exhibit A. 4. The parties agree that Defendant shall immediately request the Cumberland County Domestic Relations office suspend the Order at Docket # 00135 S 2006, PACSES # 497108044. 5. The parties agree that Plaintiff's arrears are in no way waived or reduced by the suspension of the Order at Docket # 00135 S 2006, PACKS # 497108044. 6. In consideration for Defendant's relinquishment of primary physical custody and suspension of the Support Order at Docket # 00135 S 2006, PACSES # 497108044, Plaintiff shall immediately reimburse Defendant for any and all support monies PLaintiff subsequently receives from Defendant beginning October 17, 2008, through the minor child's 18 birthday or graduation from high school, which ever occurs later. 7. The parties understand and agree that Plamt &s reimbursement of any and all support monies subsequently. Ordered to be paid by Defendant in the matter at Docket # 01004 S 1998, PACSES # 923100511 shall reimburse Defendant for his undocumented costs incurred to support their minor child during his custodial Fedods- :01771200E 03:55 7173865613 Spencer Abel Law Office #0574 P.007 /008 8. If for any reason either party fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Contract, then the other party shall have the following rights and remedies: a. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. b. Other Remedies: Any other remedies provided for in law or in equity c. Consideration for Reasonable Attorneys Fees: Any award of 'reasonable attorney's fees' as used in this paragraph shall be based on consideration of (1) the hourly rate charged, (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching parry. d. Breach Notice- In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 9. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. J.O. The parties agree that this Contract shall become effectively immediately upon execution of this Contract, and shall continue m frill force and effect until further Order of Court. 11. The parties further agree that this Contract shall be entered with an Order of Court as Exhibit A to the Custody Agreement at Docket #2006-4648, and shall, apply by refirtnee to Docket # 01004 S 1998, PACSES i set Witness ess Vate raeea La er f Date Jeremiah Shoemaker VERIFICATION I verify that the statements made in the forgoing Petition to Modify are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relaxing to unAwo f ion to authorities. Tracea Lauckner ?t; '^;? j f . ? ?t? I , ? , f f1s?C?:? c.:f i r•' f "i'J, ?, , ?. ? .F P SEP 2 820096? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEA LAUCKNER, Petitioner VS. JEREMIAH SHOEMAKER, Respondent No. 06-4648 IN CUSTODY CIVIL ACTION - LAW ORDER AND NOW this 36 day of ,2009 upon consideration of the within Petition and Exhibit, the Court being satisfied of the truth of the averments therein, and the Court further being satisfied that petitioner is unable to pay any of the costs of theses proceedings, it is therefore ordered and decreed that the Petitioner may, pursuant to Pa. R.C.P. 1920.62, proceed with a custody action in forma pauperis without payment of costs. C J. OF M PROTtMURY 2009 SEP 30 AM 11: 15 OJMBE -4D +Loum PENNSY4YANfA TRACEA LAUCKNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMIAH SHOEMAKER DEFENDANT 2006-4648 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, October 07, 2009 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 10, 2009 _ 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. 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 FILEL)-7;;? ,GE OF THE P?-17 i r Y 2004 OCT -8 AM 11: 50 1 qg t o - C t o(J? .ter c ?3 1. 7c c e.r?F1t_ NOV 13 2009 G, TRACEA LAUCKNER, Plaintiff V. JEREMIAH SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4648 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW iR ,1 AND NOW, this T L day of 1" , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 29, 2008 is hereby stayed pending a determination of the Juvenile Dependency matter. 2. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for December 1, 2009 at 1:30 p.m. BY THE , Edward E. Guido, ZTracea Lauckner, pro se 228 Sambourne Street ZWilkes-Barre, PA 18702 Jeremiah Shoemaker, pro se 160 CME Newville, PA 17241 Corks enztLCL J. TRACEA LAUCKNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 20064648 CIVIL ACTION - LAW JEREMIAH SHOEMAKER, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Asia Seibert October 21, 1997 Mother 2. A Conciliation Conference was held in this matter on November 10, 2009 with the following in attendance: Mother, Tracea Lauckner, pro se and Father, Jeremiah Shoemaker, by telephone, pro se. 3. The Honorable Edward E. Guido previously entered an Order of Court dated October 29, 2008 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. A Juvenile Dependency Order is currently in place and the child is placed in the care and custody of her Mother. 5. The Conciliator continued the conference until the Juvenile Dependency terminates. 11-0_09 Date I/Jacd6eline M. Verney, Esquire Custody Conciliator FILED - ti?:FCE OF THE °? I-'OINOCAPY 2009 NOV 16 AM l l : 2 5 P?x 1??r t >`I CV,", `' : ti