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Home My WebLink About02-2684BAMBIE R. LOWER, Plaintiff, VS. JEREMY LAUBACH, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND' COUNTY, * PENNSYLVANIA * CIVIL ACTION - LAW * CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Bambie R. Lower, by and through her attorney, Heather L. Harbaugh, Esquire, files a Complaint For Custody against Defendant, Jeremy Laubach, and in support thereof, avers the following: 1. Plaintiff is Bambie R. Lower, Mother, who currently resides at 39 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jeremy Laubach, Father, who currently resides at RRI Box 475-2, New Bloomfield, Perry County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Kandice M. Lower 39 Cold Springs Road, Carlisle, PA 3 4. The child was born out of wedlock. 5. The child is presently in the custody of Mother, Bambie R. Lower, who currently resides at 39 Cold Springs Road, Carlisle, Pennsylvania. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Persons Address Date Mother 39 Cold Springs Road, Carlisle, PA Birth-present 7. The Mother of the child is Bambie R. Lower, who currently resides at 39 Cold Springs Road, Carlisle, Pennsylvania. 8. The Father of the child is Jeremy Laubach, who currently resides at RRI Box 475-2, New Bloomfield, Pennsylvania. 9. The parties are not married. 10. The relationship of Plaintiff to the child is that of Mother. Plaintiff Robin Shenck Kandice Lower Melinda Young currently resides with the following person: Person 1~ Father Daughter Friend of family 11. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following persons: Person BeJatioJ3sb~ Unknown 12. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff had previously been involved in an action for custody of the child with her ex- husband, Shane Lower, but ex-husband withdrew Custody Complaint after Mother raised issue of paternity. 13. Plaintiff and Defendant have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Plaintiff and Defendant do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interests and permanent welfare of the child will be served by granting the relief requested, inter alia, because the Plaintiff/Mother has been the only caretaker of the child since birth. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. Name Address NONE WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order granting her shared legal custody and primary physical custody, with DefendantJFather to have liberal partial physical custody. Respectfully Submitted, Dated: By: H~ 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #83997 ATTORNEY FOR PLAINTIFF VERIFICATION I, Bambie R. Lower, hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ~/~/~ · l~arrTb~e . Lower, ai ~ BAMBIE R. LOWER : : PLAINTIFF V. : 02-2684 JEREMY LAUBACH DEFENDANT : IN CUSTODY : ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, June 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , thc conciliatOr, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, July 09, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; o~ if this cannot bc accomplished, to &fine and narrow thc issues to bc heard by the court, and to enter into a temporary order. All children age five or older may also be present at thc 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/ Melissa P. Greevv. Esaa'~'Vl/q 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 heating or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ea.z..? ,~8VtONOi,51Ocld 3Hi BO 39W~C~]3'IW BAMBIE R. LOWER, Plaintiff, VS. JEREMY LAUBACH, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 02-2684 * CIVIL ACTION - LAW * CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on June 7, 2002, I served a true and correct copy of the Complaint for Custody upon Jeremy Laubach, Defendant, by depositing same, postage pre-paid, Certified Mail, Retum Receipt Requested in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Jeremy Laubach RRI Box 475-2 New Bloomfield, PA 17068 Date: Misty D. Leh/n~n BAMBIE R. LOWER, Plaintiff, VS. JEREMY LAUBACH, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2684 CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on June 11, 2002, I served a tree and correct copy of the Order of Court scheduling the Custody Conciliation Conference upon Jeremy Laubach, Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Jeremy Laubach RRI Box 475-2 New Bloomfield, PA 17068 Mist~ D. Lel~nar~ - BAMBIE R. LOWER, Plaintiff, VS. JEREMY LAUBACH, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2684 CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 1 lth day of June, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on June 7, 2002, she mailed a certified copy of the Complaint for Custody, by certified mail, return receipt requested, to Jeremy Laubach, Defendant, RR1, Box 475-2, New Bloomfield, Pennsylvania, and the same was received by him as indicated by the return receipt card which is attached hereto. Sworn to...Land subscribed before me on this 1[+~x day of ~ , 2002. Notary Public ~ MIsty D. Lehman, Notary Pu~. lc Harrisburg, Dauphin Coumy My Commission £xp~re$ Aug. 2, 2004 · Print y°ur rmme and a6~ree~ on the mveme a° that we can tatum ttm card to you. °r on the fro~t If Space permit. 1. Article A~e~ed to: D. i~ d~m~y d~emnt from item 1 ? If YES, ente~ ~,h~e~ ad~re~ below: rlNo 4. I~ D~ ~x~ra Fee) JUL ! 5 ZOOZ y BAMBIE R. LOWER, Plaintiff V, JEREMY LAUBACH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2684 CIVIL TERM CIVIL ACTION - LAW iN CUSTODY ORDER OF COURT AND NOW, this ~;~'~ day of July, 2002, upon consideration of the attached Custody Conciliation Suh,.nary Report, it is hereby ordered and directed as follows: 1. The Mother, Bambie R. Lower, shall have sole legal and sole physical custody of the minor child, Kandice M. Lower, born March 12, 1999. 2. This Order is temporary in nature and may be modified upon proper petition before the Court. BY THE~~_~ Dist: Jennifer Freschette, Esquire, 2650 North Third Street, Harrisburg, PA 17110 Jeremy Laubach, R.R. #1, Box 475-2, New Bloomfield, PA 17068 jUL 1 5 2:002: BAMBIE R. LOWER, Plaintiff V, JEREMY LAUBACH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2684 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Kandice M. Lower March 12, 1999 CURRENTLY IN THE CUSTODY OF Mother 2. The parties were seen for a Custody Conciliation Conference on July 9, 2002 pursuant to a Petition for Custody filed by Mother on June 3, 2002. In attendance at the conference were: the Mother, Bambie R. Lower, and her counsel, Jennifer Freschette, Esquire, the alleged Father, Jeremy Laubach, attended pro se. 3. Because Jeremy Laubach is denying paternity, he did not want to be called Father by the Custody Conciliator. He admits that he has had no contact with the minor child. Further, he did not seek any provisions in the order allowing him any periods of custody or visitation. 4. Mother alleges that she has been the sole caretaker of this child since birth. She states that a previous custody complaint was filed in Cumberland County in April of 1999 by her former husband, Shane Lower. Apparently Mr. Lower has been inconsistent with his position in regard to the paternity of this child. A paternity test was scheduled. However, Mr. Lower did not attend. NO. 02-2684 CIVIL TERM A Domestic Relations hearing is pending in this matter. At that time it is likely that a paternity test will be ordered. Therefore, the agreement reached by the parties at this Custody Conciliation Conference is temporary in nature and Jeremy Laubach has been advised that in the even that he is determined to be the biolo~ther of this child, he may petition the C~.ourt to modify the attached Order. ( ,~ Date Melissa Peel Greevy, Esquir~ Custody Conciliator :160466