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Home My WebLink About06-6741 MARKF. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 WEST POMFRET STREET CARLISLE P A 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFFS George Keefer, Jr. & Deborah Lucy, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Chastity M. Mackert & Johnny A. Lucy Defendants CIVIL ACTION - LA W No. 06 - 61"1/ CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiffs are George Keefer, Jr. & Deborah Lucy, 124 Woods Drive, Lot 9A, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendants are Chastity M. Mackert, address unknown, and Johnny A. Lucy, residing at 533 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: Name Anthony R. Lucy Present Residence 124 Woods Dr., Lot 9A Mechanicsburg, PA 17055 DOB 9/21/02 Age 4 years The child was born out of wedlock The child is presently in the custody of his grandparents/plaintiffs, George Keefer, Jr. & Deborah Lucy, 124 Woods Drive, Lot 9A, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates George Keefer, Jr. & Deborah Lucy 124 Woods Dr., Lot 9A Mechanicsburg, P A 17055 11/5/06 to present . Chastity M. Mackert Address unknown 10/10/06 to 11/5/05 Chastity M. Mackert & Johnny A. Lucy 124 Woods Dr., Lot 15 Mechanicsburg, PA 17055 2004 to 10/10/06 Chastity M. Mackert & Johnny A. Lucy Williams Grove Trailer Park Mechanicsburg, P A 17055 Birth to 2004 4. The mother of the child is Chastity M. Mackert address unknown. She is not married. The father of the child is Johnny A. Lucy, residing at 533 Good Hope Road, Mechanicsburg, Cumberland County, P A 17050. He is not married. The grandparents of the child are George Keefer, Jr. & Deborah Lucy, 124 Woods Drive, Lot 9A, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. The relationship of plaintiffs to the child is that of grandparents. The plaintiffs currently reside with the following persons. Name Anthony R. Lucy Relationship grandson 6. The relationship of defendants to the child are that of mother and father. The defendants currently reside with the following persons: Name Mother: unknown Father is living with his Grandparents Relationship 7. Plaintiffs have 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. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. . Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiffs are currently in the best position to provide appropriate necessary and basic care for the child. 9. Plaintiffs have assumed responsibility for the child due to parental neglect and/or drug and alcohol abuse and aver standing pursuant to 23 Pa. C.S. ~5313(6)(3). WHEREFORE, Plaintiffs request this Court grant Plaintiffs partial primary physical custody subject to structured partial custody by the Defendants. Respectfully submitted, BAYLEY & MANGAN ( l ^2L/C{P \. lJV1rs Mark F. Bayley, Esquire 57 W. Pomfret Street Carlisle, PA 17013 (717) 241-2446 Supreme Court LD. # 89028 Attorney for Plaintiffs Date: . . George Keefer, Jr. & Deborah Lucy, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Chastity M. Mackert & Johnny A. Lucy Defendant s CIVIL ACTION - LA W No. 06 - CIVIL IN CUSTODY VERIFICATION We verify that the statements made in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. I~~ ~, George Keefer, r., aintitf De~rah~~ff d~ ~~~ -. . '6\~ -..! - t\ ~ ~. ,r' C) ~_::_' '"""'-.,) c::::"\ <':....:.::..J c~.~\ o -on q,...:;: f',' N :2 f',) C..n =~cO -.....;; -< GEORGE KEEFER, JR. & DEBORAH LUCY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 06-6741 CIVIL ACTION LAW CHASTITY M. MACKERT & JOHNNY A. LUCY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 30,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 28, 2006 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearine. FOR THE COURT. By: Is! 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 * flf'~jp ~ ~ 16; -h p ~ ~~ ~jp:t~~-n ... ?~-5el ~-Sel "/0'5- e; Vli\J'1ji\-V,SNN3d I I t\ln.--r. ,-.,. ". ,.-r:Mn..... IUrt,.~ ~:',J"': \ ,:' ,;>--i.~~:~Il. v 6S :2 Hd S- :33091Wl AU'nlr';\i;',;-l1 (\-~d :JHl ";0 CJ1.t. .....~I ........'1 ,..I-~..'",~ ....Ii .... 3::)!:j~O-(j3ll:l ~ , 7 DEe 2 92006r' GEORGE KEEFER, JR. and DEBORAH LUCY, Plaintiffs VI. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2006-6741 CIVIL ACTION - LAW CHASTITY M. MACKERT and JOHNNY A. LUCY, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this ~..j day O;a~ ' 2001: upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The paternal Grandparents, George Keefer, Jr. and Deborah Lucy, the Father, Johnny A. Lucy and the Mother, Chastity M. Mackert, shall have shared legal custody of Anthony R. Lucy, born September 21, 2002. Each party shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. ~5309, each party 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 parties. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party 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. child. 2. The paternal grandparents shall have primary physical custody of the 3. Mother and Father shall have periods of partial physical custody of the child as agreed by the parties. 4. This Order is entered pursuant to a request of the parties present 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. cciljark F. Bayley, Esquire, Counsel for paternal grandparents -,ohnny A. Lucy, pro se 533 Good Hope Road Mechanicsburg, P A 17050 ~astity M. Mackert, pro se 315 Market Street Lemoyne, PA 17043 ~ J. .; OS:6 I :\! S" i.j'~T LDuZ "'" DEe 2 9 lOObf GEORGE KEEFER, JR. and DEBORAH LUCY, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2006-6741 CIVIL ACTION - LAW CHASTITY M. MACKERT and JOHNNY A. LUCY, Defendants : IN CUSTODY PRIOR JUDGE: None 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 Anthony R. Lucy September 21, 2002 paternal grandparents-George Keefer, Jr. and Deborah Lucy 2. A Conciliation Conference was held in this matter on December 28, 2006, with the following in attendance: The paternal grandparents, George Keefer, Jr. and Deborah Lucy, with their counsel, Mark F. Bayley, Esquire and the Father, Johnny A. Lucy, pro se. Mother, Chastity M. Mackert, although notified of the conference did not appear. 3. attached. The paternal grandparents and Father requested an Order in the form as Jac ine M. Verney, Esquire Custody Conciliator 11--Z,g' -00 Date