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Home My WebLink About00-00997;? 3a --?5wl S SAMUEL L. ANDES ATTOBNEY AT LAW 525 NORTH TWELFTH STREET P. 0. BOX 168 LEMOYNE, PENNSYLVANIA 17043 14 June 2000 The Honorable Edgar B. Bayley Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa 17013 RE.• Lynn K. Chambers vs. Michael E. Chamber 997 Civil 2000 In Custody Dear Judge Bayley: r (]I]) ]61-3381 FAX (717) 761-1435 The above matter has been assigned to you and you entered an order on 2 June 2000 extending a temporary custody arrangement pending the receipt of a custody evaluation report and a final order. Although the parties have agreed to have a custody evaluation done, they have not been able to agree upon who will perform it. Gerald Robinson represents Mr. Chambers and I represent Mrs. Chambers. If you would be kind enough to confer with us, in person or by telephone and at your convenience, I believe we can select an evaluator and proceed from here. I will contact your office when you return from your vacation to try to schedule a time when we can discuss this matter. Sincerely, Sa L. An amh cc: Gerald Robinson, Esquire Lynn K. Chambers N MAY - 3 200Q LYNN K. CHAMBERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MICHAEL E. CHAMBERS, NO. 2000 - 997 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 7` day of W 4' , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed follows: 1. A hearing is set in Courtroom No. 2 of the Cumberland County Courthouse on June 1, 2000 at 10:00 a.m. The purpose of this hearing will be to address solely a temporary custody order that will be implemented pending a final hearing and to address the parties positions on whether this should be a shared arrangement pending a final hearing. Counsel for the parties shall file with the Court at least the day before the scheduled hearing a detailed memorandum setting forth their clients position on a temporary order. 2. Pending the entry of a more permanent temporary order, it is hereby ordered that the following interim order shall be in place: A. The Mother, Lynn K. Chambers, and the Father, Michael E. Chambers, shall enjoy shared legal custody of Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. B. Physical custody of the minor children shall be shared equally on a week to week basis. Exchange of custody shall be Sunday evening at 5:00 p.m. unless agreed otherwise between the parties. Mother shall deliver custody of the children to Father on Sunday, April 30th with the parties alternating weekly thereafter. The parties may modify this order if they agree. Otherwise, this order shall control. BY ?J.??) j Edgar B. Y cc: Gerald S. Robinson, Esquire Samuel L. Andes, Esquire '? ? Q R e<,S n G c? D"D w A LYNN K. CHAMBERS, Plaintiff v MICHAEL E. CHAMBERS, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 997 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 2. A Conciliation Conference was held on April 27, 2000, with the following individuals in attendance: The Mother, Lynn K. Chambers, with her counsel, Samuel L. Andes, Esquire; and the Father, Michael E. Chambers, with his counsel, Gerald S. Robinson, Esquire. 3. The parties separated February l0a' of this year. Mother left the marital home and took the two minor children with her. Benjamin is in first grade and Andrew has yet to start school. Father desires primary custody of the children and Mother desires primary custody of the children. Andrew has some special needs because of certain disabilities. Father has the paternal grandfather who is able to help him out as far as daycare and Mother has been using the maternal grandmother for daycare. Mother indicates she works from 8:00 a.m. to 5:00 p.m. each day during the week and Father works from 7:00 am. until 5:30 p.m. 4. There is a major dispute with respect to the existing custody arrangement. The Conciliator recommends that a quick hearing be set by the Court to address a temporary custody order pending a formal hearing. However, the Conciliator believes that an interim Custody Order needs to be set pending a hearing. Based upon the limited information the Conciliator received at the Conciliation Conference, the Conciliator is recommending shared custody pending a hearing. 5. The Conciliator recommends the entry of an order in the form as attached. ,S_ I Oa C?A t DATE Hubert X. Gilroy, E uire Custody Concilir LYNN K. CHAMBERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. CHAMBERS, DEFENDANT 00-997 CIVIL TERM ORDER OF COURT AND NOW, this zv?A day of June, 2000, the temporary order entered on May 4, 2000, is continued pending a final order, except, if a final order is not in place prior to the commencement of the 2000-2001 school year, petitioner may seek further special relief before this judge. Samuel Andes, Esquire For Plaintiff By the Gburt, 1 Gerald Robinson, Esquire For Defendant Edgar B. Bayley, J. 6F';'0) -P] o- i'31CS :saa CJ p ?? i Z l7 :C: , ?i'n Sq tFt LYNN K. CHAMBERS, Plaintiff, V. MICHAEL E. CHAMBERS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 997 CIVIL 2000 IN CUSTODY AND NOW comes Defendant Michael E. Chambers through undersigned counsel and offers the following Memorandum in support of his position regarding a temporary custody order. 1. PROCEDURAL HISTORY AND FACTUAL BACKGROUND 1. By letter dated November 12, 1999 counsel for Plaintiff requested information as to whether the Defendant would agree to move out of the marital residence so that the parties could accomplish a separation with as little dispute, trauma and expense as possible. A copy of this letter is attached hereto as Defendant's Memorandum Exhibit No. 1. 2. By letter dated November 13, 1999 Defendant replied by letter advising Plaintiff that he could not entertain a proposal that he move out of the marital residence because he did not have the financial means to support another residence and because he spent significant periods of time with the minor children. Defendant recommended at that time that the Plaintiff obtain full- time employment to make her proposal realistic. A copy of this letter is attached hereto as Defendant's Memorandum Exhibit No. 2. 3. By letter dated November 17,1999, Plaintiff provided Defendant a certified copy of the Divorce Complaint which had recently been filed. A copy of said letter and Divorce Complaint is attached hereto as Defendant's Memorandum Exhibit No. 3. 4. On or about November 9, 1999 Plaintiff sued Defendant for child and spousal support even though the parties were still residing together. 5. The domestic relations conference was held on January 10, 2000. 6. By Order dated January 28, 2000 this Honorable Court denied Plaintiff's request for child and spousal support based on the finding that the parties were residing in the same household and because Defendant is contributing to the household expenses. A copy of the Order is attached hereto as Defendant's Memorandum Exhibit No. 4. 7. On or about February 10, 2000 Plaintiff moved out of the marital residence with the children and moved into her parents' residence with no prior notice to Defendant. She moved most of the parties' marital assets including the children's bedroom furniture into a storage facility at an undisclosed location. Shortly thereafter she filed for support again. 8. On or about February 29, 2000 Defendant filed an Emergency Petition seeking custody of the minor children and the return of the household furnishings. A copy of this petition is attached hereto as Defendant's Memorandum Exhibit No. 5. 9. By Order dated February 25, 2000 rendered by The Honorable Wesley Oler Defendant's Petition for Emergency Relief was denied in part and granted in part. A copy of this Order is attached hereto as Defendant's Memorandum Exhibit No. 6. 10. On April 19, 2000 a hearing was held to address Defendant's petition involving the household furniture. 11. On April 27, 2000 a Custody Conciliation Conference was held before Hubert Gilroy, Esquire, and a temporary Order was rendered directing that, pending further Order of Court, custody of the minor children would alternate between the parties on a weekly basis beginning and ending on Sunday afternoons. A copy of this Order is attached hereto as Defendant's Memorandum Exhibit No. 7. 12. By Order of this Court Plaintiff was directed to return certain items of the parties' furnishings to the marital residence including furniture for the children's bedroom. A copy of this Order is attached hereto as Defendant's Memorandum Exhibit No. 8. 13. The parties are currently before the Court for a temporary custody order pending a final custody determination. II. CURRENT CUSTODY ARRANGEMENT (FATHER'S PERSPECTIVE) 14. The Order alternating custody of the minor children between the parties went into effect on April 30, 2000. 15. During Father's periods of partial custody the childrens' paternal grandfather arrives at the marital residence each weekday morning at 7:00 a.m. and prepares the children for the rest of the day. Ben is taken to elementary school and stays there from 8:05 a.m. until 2:35 p.m. Andrew attends nursery school on Mondays and Tuesdays from 12:30 p.m. until 3:00 p.m. On Wednesdays and Thursdays Andrew is taken to Messiah College for nursery school where his weekly physical therapy takes place. On Fridays, Andrew is taken to a babysitter selected by the Plaintiff. Paternal grandfather provides the needed transportation during these periods. 16. Father arrives home at 5:30 p.m. each day and relieves his father. Father then prepares dinner; helps Ben with his homework; takes the children food shopping; bathes them and puts them to bed by 8:30 p.m. 17. On Saturdays, (even on Father's weeks) Mother takes Ben to an art class between the hours of 9:30 to 11:30 a.m. 18. During the period since the April 30 custody Order, Father has made the following observations: a) When the children are with Father, Mother calls daily interrogating the children as to their activities and inquires as to where they have been and with whom Father associates; b) Mother either does not provide Father with adequate clothing or the appropriate clothing for his periods of partial custody causing Father to make expenditures for clothing purchases; c) The children have advised Father as to the upcoming custody hearing and their belief that they will dictate as to the parent with whom they will reside; d) The children have advised Defendant that they are forbidden to mention their Father during the periods of partial custody with their Mother and that their maternal grandfather advised them he does not want to hear "that Daddy crap." e) During Defendant's periods of partial custody, the children are contacted by the maternal grandparents by telephone and advised that there are new toys and pets waiting for them when the period of partial custody is over; and f) Mother has advised the children of the virtues of the residence owned by the maternal grandparents and that the marital residence is paltry in comparison. 19. Since the April 30a' temporary custody Order, in addition to providing the children's basic necessities, Defendant had taken the children to the Aquarium in Baltimore; viewed several movies at the theater; gone bowling; shared activities at the playground including baseball; visited the municipal park and attended the recent Harrisburg Arts Festival. 20. Because Plaintiff refused to allow the children to bring video games to the marital residence, Defendant and the children participate in alternate activities such as talking, playing ball, drawing pictures and working on the computer. 21. The children are adjusting to the alternating week partial custody periods despite Plaintiff's attempts to alienate and disparage Defendant. III. STATUTORY AUTHORITY 22. The Court may temporarily award custody to either parent or both parents pending resolution of any counseling. See 23 Pa.C.S.A. 5305 (b). WHEREFORE, for the foregoing reasons Defendant prays that this Honorable Court maintain the status quo until psychological evaluations are conducted and a final Order is rendered. Respectfully submitted, ROBINSON & GERALDO By: la'6 - Gerald S. Robinson, Esquire Attorney I. D. No. 27423 4407 North Front Street P. O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Defendant A CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 1 st day of June, 2000, I caused a true and correct copy of the Memorandum in Support of Defendant's Position Regarding Temporary Custody to be served upon the following individual by hand delivery. Samuel Andes 525 North'12th Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, ROBINSON & GERALDO By: 'Q?m Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 SAMUEL. L. AkDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (711) 761-5361 FAX 12 November 1999 (717) 761-1435 Gerald S. Robinson, Esquire P.O. Box 5320 Harrisburg, PA 17110-5320 RE: Chambers Dear Jerry: Thank you for your letter of 8 November 1999. My client and I need to know whether your client will agree to move out of the house so these parties can accomplish a separation with as little dispute, trauma, and expense as possible. If he will do that, my client will file a divorce complaint and we can try to negotiate a property settlement and divorce. If he is not willing to move from the house, or if he does not wish to be divorced at this time, please let me know that right away. Whether we conclude a divorce now or not, I believe a separation is inevitable. I believe it is clearly in the best interests of the children that your client move from the house. My client has been the primary care provider and, in fact, a stay-at-home mother, throughout this marriage. As you no doubt are aware, the oldest child suffers from ADD and related problems which require a particular care which my client has been providing. The younger child has a more severe medical problem which requires weekly therapy and rather constant monitoring and support which my client has been providing. Because of his work schedule, and the fact that he works so far from home, your client cannot provide that care and the parties have properly arranged for my client to provide it. We can continue that arrangement, with minimal disruption for the children, if my client and the children remain in the house after the separation. To accomplish that, your client has to agree to move from the house. My client has no intention of depriving your client of time with the children or of otherwise interfering with or limiting his reasonable custody rights. I expect we 1 1110010K NO F Gerald S. Robinson, Esquire 2 12 November 1999 could negotiate a custody schedule (and probably a temporary support arrangement), before your client moves out, if he will cooperate in the process. Please review these ideas with your client and get back to me with your response as soon as you can. Sincerely, S ?C.Avk ?" Samuel L. Andes le cc: Mrs. Lynn Chambers November 13, 1999 Samuel L. Andes, Esquire PO Box 163 Lemoyne, PA 17043 Re: Michael Chambers Dear Mr. Andes: This is in reply to your letter dated November 12, 1999 inquiring as Mr. Chambers' willingness to move from the marital premises. When I initially spoke to Mr. Chambers the parties did not have sufficient income to pay for another residence, and therefore his willingness was irrelevant. In this regard I noted that your client was underemployed and therefore theoretically they have the potential to support a second household which could be realized if your client sought full-time employment. Until then, it is my impression that the proposal included in your letter is unrealistic at the moment. Further, the infonnation provided to me by Mr. Chambers is at variance with your belief that his role in the house-especially with the children is limited. To the contrary, Mr.Chambers spends significant time with the children despite his commute. If you have further thoughts on this matter, please so advise me. I will forward a copy of your letter to Mr. Chambers in the meantime. Sincerely yours, cc: M. Chambers GSR: dlj ROBINSON & GERALDO By:? Gerald S. Robinson, Esquire 2 Harrisburg Cumberland County Washington. D.C. P.O. Box 5320 4407 North Front Street 61 W. Lowther Street 1316 Pennsylvania Ave., S E. Harrisburg, PA 17110-5320 Harrisburg, PA 17110 Carlisle, PA 17013 Washington, D.C. 20003 (717) 232-8525 (717) 245-9451 (202) 544-2889 (800) 571-2727 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 T LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (719) 761-5361 FAX 17 November 1999 761-1435 Gerald S. Robinson, Esquire P.O. Box 5320 Harrisburg, Pa 17110-5320 RE: Chambers Dear Gerry: Enclosed is a certified copy of the Divorce Complaint which I filed recently for Mrs. Chambers, along with a document for you to sign to enter your appearance and accept service of this Complaint. Please sign that, file it directly with the Court, and send me a copy when you do so. If you are not willing or able to accept service, please notify me promptly so that I can arrange to have Mr. Chambers served. Mrs. Chambers advises me that her husband has stopped depositing his check into the household account and has refused to give her any money toward the household expenses. I assume he plans to make payment directly of his portion of the household expenses. For us to determine whether he is paying his fair share, and contributing an amount at least equal to his support obligation, I need to verify his current income. Please provide me with a copy of a recent paycheck stub which shows his earnings for the year to date, so I can do that. T `.,ill obtain similar information from my client and share it'%vith you and we can try to avoid a fight about support. In the meantime, please discuss with your client the matters raised in my letter to you of 12 November 1999 and let me know whether he will cooperate by moving from the house or not. Sincerely, Samuel L. Andes amh 3 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LYNN K. CHAMBERS Plaintiff vs. MICHAEL E. CHAMBERS Defendant AND NOW, to wit on this ORDERED that the ® Complaint for Support or Q Petition to Modify or Q Other filed on 11/9/99 in the above captioned r matter is dismissed without prejudice due to: THE PARTIES ARE CURRENTLY RESIDING IN THE SAME HOUSEHOLD AND THE DEFENDANT IS CONTRIBUTING TO THE HOUSEHOLD EXPENSES. IF THE DEFENDANT FAILS TO CONTRIBUTE TO THE HOUSEHOLD EXPENSES THE PLAINTIFF IS INVITED TO REFILE ANEW COMPLAINT. Q The Complaint or Petition may be reinstated upon written appl*#*of,the petitioner, if filed within ote yeaf,from date hereof. BY THE CQJ24T.; 4 Docket Number 00976 S 1999 ) PACSES Case Number 943101690 ) Other State ID Number ORDER 28TH DAY OF JANUARY, 2000. IT LS HEREBY EDWARD E. GUIDO, Service Type M II'14 i?l?? ? ? . 1? 4 Form OE-506 - Worker ID 21004 i r r LYNN K. CHAMBERS, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6904 CIVIL TERM MICHAEL E. CHAMBERS, Defendant/Petitioner.: CIVILACTION -DIVORCE PETITION FOR SPECIAL RELIEF TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes the Petitioner, Michael E. Chambers, by his attorney, Gerald S. Robinson, Esquire, and respectfully states the following: The Petitioner is MICHAEL E. CHAMBERS, an adult individual residing at 223 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is LYNN K. CHAMBERS, an adult individual residing at 908 Loring Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about November 9, 1999, Plaintiff/Respondent, Lynn K. Chambers, filed a Complaint for child and spousal support even though the parties were residing together with their two minor children. 5 I 4. At the Domestic Relations Conference held on January 10, 2000, Defendant/Petitioner, Michael E. Chambers, objected to the claim for support and testified that he was paying most of the parties' marital expenses and argued that his wife was not entitled to support because the parties continued to reside in the martial residence. By order dated January 28, 2000, a copy of which is enclosed, the complaint for support was denied because Defendant/Petitioner was supporting his family. 6. On February 10, 2000, Plaintiff/Respondent, Lynn K. Chambers moved out of the marital residence and moved into her parents' residence with the minor children while her husband was at work. Plaintiff/Respondent removed most of the parties' furnishings from the martial residence and placed them in storage at an undisclosed location making the martial residence inhabitable for Defendant/Petitioner and the minor children. 8. Defendant/Petitioner is capable of providing a stable and healthy environment for the minor children in the martial residence. $ WHEREFORE, Petitioner respectfully requests your Honorable Court to: a) Order Respondent to return the martial property to the marital residence; and b) Order that Petitioner shall have primary physical custody of the minor children until further Order of the Court. Respectfully submitted, & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Petitioner ?r , VERIFICATION I verify that the statements made in this Petition are true and correct. 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. A • 1 1 A 1 ? f ? r CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 28" day of February, 2000, I caused a true and correct copy of the Order to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Samuel Andes 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, ROBINSON & GERALDO By. Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 ' ? 5 200j? LYNN K. CHAMBERS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 997 MICHAEL E. CHAMBERS, Defendant IN CUSTODY t U LC ?/Lh ORDER OF COURT AND NOW this ;,757 day of 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before .Fa.? k.,,, yEsquire, the conciliator, at •,,./y „lr Pennsylvania, on Lr the ,J7 day of 2000 , at 1y o'clock o.m., 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. Either party may bring the child who, is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY /Sf /6*?CC ?:.. J /l rt Custody Conciliatfs?r 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013 - (717) 240-6200 lit r. c it, 6 _! LYNN K. CHAMBERS, Plaintiff v MICHAEL E. CHAMBERS, Defendant ,t MAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 997 CIVIL IN CUSTODY COURT ORDER AND NOW, this day of _ 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and air t as follows: A hearing is set in Courtroom No. 2 of the Cumberland County Courthouse on June 1, 2000 at 10:00 a.m. The purpose of this hearing will be to address solely a temporary custody order that will be implemented pending a final hearing and to address the parties positions on whether this should be a shared arrangement pending a final hearing. Counsel for the parties shall file with the Court at least the day before the scheduled hearing a detailed memorandum setting forth their clients position on a temporary order. 2. Pending the entry of a more permanent temporary order, it is hereby ordered that the following interim order shall be in place: A. The Mother, Lynn K. Chambers, and the Father, Michael E. Chambers, shall enjoy shared legal custody of Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19. 1994. B. Physical custody of the minor children shall be shared equally on a week to ::eek basis. Exchange of custody shall be Sunday evening at 5:00 p.m. unless agreed otherwise between the parties. Mother shall deliver custody of the children to Father on Sunday, April 30"' with the parties alternating weekly thereafter. The parties may modify this order if they agree. Otherwise, this order shall control. BY THE COURT, J ti Edgar 1B. 69ayley cc: Gerald S. Robinson, Esquire T ,I'{? ?. ,. Samuel L. Andes, Esquire 7' hand an ? ??// )) 9, TkI Clc" Oi.. ..5.' MESIMM 7 Izc c / J? t? Pro,thonolarv / A , { LYNN K. CHAMBERS, Plaintiff v MICHAEL E. CHAMBERS, Defendant Prior Judge: { t 1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 997 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Benjamin A. Chambers, bom August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 2. A Conciliation Conference was held on April 27, 2000, with the following individuals in attendance: The Mother, Lynn K. Chambers, with her counsel, Samuel L. Andes, Esquire; and the Father, Michael E. Chambers, with his counsel, Gerald S. Robinson, Esquire. The parties separated February 10th of this year. Mother left the marital home and took the two minor children with her. Benjamin is in first grade and Andrew has yet to start school. Father desires primary custody of the children and Mother desires primary custody of the children. Andrew has some special needs because of certain disabilities. Father has the paternal grandfather who is able to help him out as far as daycare and Mother has been using the maternal grandmother for daycare. Mother indicates she works from 8:00 a.m. to 5:00 p.m. each day during the week and Father works from 7:00 a.m. until 530 p.m. 4. There is a major dispute with respect to the existing custody arrangement. The Conciliator recommends that a quick hearing be set by the Court to address a temporary custody order pending a formal hearing. However, the Conciliator believes that an interim Custody Order needs to be set pending a hearing. Based upon the limited information the Conciliator received at the Conciliation Conference, the Conciliator is recommending shared custody pending a hearing. 5. The Conciliator recommends the entry of an order in the form as attached. .' ( (l4 C?2 Y DA Hubert X. Gilroy, E uire Custody Concili r Lj ! , . i 1 , LYNN K. CHAMBERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL E. CHAMBERS, Defendant NO. 99-6904 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER. J. ORDER OF COURT AND NOW, this IS 4 day of May, 2000, upon consideration of Defendant's Petition for Special Relief, and following a hearing held on April 19, 2000, it is ordered and directed as follows: 1. Within 14 days of the date of this order, Plaintiff shall return to the marital residence at 223 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, the following items which she removed from the premises on or about February 10, 2000: (1) any clothing of Defendant; (2) furniture, including mattresses and air- conditioner(s), from the children's bedrooms; (3) kitchen utensils; (4) cream-colored coffee table from the living room; (5) cream-colored striped club chair and ottoman from the living room; (6) four white dining room chairs; (7) MTD lawn mower; and (8) desktop computer and printer. 2. Nothing herein is intended to represent a distribution of marital property or a determination of any issue respecting marital or nonmarital property. i? y' y hand I ? `rual c! sad J ( at r t+sie, Pa. This . ?.. f IXA Q Protho otary BY THE COURT, fr ! tj. ? 1 k . ,, . Samuel L. Andes, Esquire 525 North 12"' Street Lemoyne, PA 17043 Attorney for Plaintiff Gerald S. Robinson, Esquire Robinson & Geraldo, P.C. 4407 North Front Street P. O. Box 5320 Harrisburg, PA 17110 Attorney for Defendant Am LYNN K. CHAMBERS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 997 Ltc-)LL MICHAEL E. CHAMBERS, Defendant IN CUSTODY ORDER OF COURT AND NOW this - OS day of Tt ?p 2000, upon consideration of the attached complaint, it is hereby directed that the parties' and their respective counsel appear before X 6t?6. Esquire, the conciliator, atw y- yA ,Cum- CSnX . LcxK . Cuku , Pennsylvania, on :n5,,rS the day of t?Q6? , 2000 , at o'clockC?.m., 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By XU I ? Custody Conciliator C l 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 Ci1M,EE?r LVM? & 'I P* ?- 3 i-zv -Z? LYNN K. CHAMBERS, Plaintiff vs. MICHAEL E. CHAMBERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- e ?9 7 CiZ,?J ?y- IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes LYNN K. CHAMBERS, by her attorney, Samuel L. Andes, and makes the following Complaint for custody based upon the following: 1. The Plaintiff is LYNN K. CHAMBERS, who resides at 908 Loring Lane in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is MICHAEL E. CHAMBERS, who resides at 223 South York Street in Mechanicsburg, Cumberland County Pennsylvania. 3. The parties are the parents of two minor children, Benjamin A. Chambers, born 12 August 1992 and Andrew M. Chambers, born 19 December 1994. 4. The Plaintiff and Defendant are husband and wife, having been married on 4 June 1994 and separated in October of 1998. 5. Plaintiff seeks custody of the minor children, Benjamin A. Chambers and Andrew M. Chambers. 6. The children were not born out of wedlock and are presently in the custody of the Plaintiff. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1995 to mid 2/2000 Mechanicsburg, PA Plaintiff & Defendant Mid 2/2000 to present 908 Loring Lane Plaintiff only Mechanicsburg, Pa 8. The father of the children is the Defendant who resides at the address set out above. He is married to the Plaintiff. 9. The mother of the children is the Plaintiff who resides at the address set out above. She is married to the Defendant. 10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with her mother and step-father, Mary Lou Vierthaler and Richard Vierthaler and the two children. 11. The Defendant is the natural father of the children. Defendant currently resides alone. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. The children have special needs which Plaintiff is best prepared to meet; and B. Plaintiff has always met the children's needs, including their special needs; and C. Plaintiff has always been the primary custodial parent and has always provided the majority of the children's care; and D. Defendant is not able to effectively and efficiency meet the needs of the children on a regular basis. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this I action. WHEREFORE, Plaintiff requests this Court to grant her custody of the children, Benjamin A. Chambers and Andrew M. Chambers. Sa uel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 COMMONWEALTH OF PENNSYLVANIA ? ( SS.: COUNTY OF CUMBERLAND ) LYNN K. CHAMBERS, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint for Custody are true and correct to the best of her knowledge, information, and belief. LYNN . CHAMBERS Sworn to and sub spribed of ?? before me this day LYNN K. CHAMBERS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-997 CIVIL TERM MICHAEL E. CHAMBERS, Defendant IN CUSTODY ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, Michael E. Chambers, in the above- captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Custody filed in the above action on behalf of the Defendant on 2000. Gerald S. Robinson, Esquire Attorney for Defendant Supreme Court ID #? --, 39 5 cn LYNN K. CHAMBERS, Plaintiff, V. MICHAEL E. CHAMBERS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 997 CIVIL 2000 IN CUSTODY MEMORANDUM IN SUPPORT OF DEFENDANT'S POSITION REGARDING TEMPORARY CUSTODY ORDER AND NOW comes Defendant Michael E. Chambers through undersigned counsel and offers the following Memorandum in support of his position regarding a temporary custody order. 1. PROCEDURAL HISTORY AND FACTUAL BACKGROUND 1. By letter dated November 12, 1999 counsel for Plaintiff requested information as to whether the Defendant would agree to move out of the marital residence so that the parties could accomplish a separation with as little dispute, trauma and expense as possible. A copy of this letter is attached hereto as Defendant's Memorandum Exhibit No. 1. 2. By letter dated November 13, 1999 Defendant replied by letter advising Plaintiff that he could not entertain a proposal that he move out of the marital residence because he did not have the financial means to support another residence and because he spent significant periods of time with the minor children. Defendant recommended at that time that the Plaintiff obtain full- time employment to make her proposal realistic. A copy of this letter is attached hereto as Defendant's Memorandum Exhibit No. 2. 3. By letter dated November 17,1999, Plaintiff provided Defendant a certified copy of the Divorce Complaint which had recently been filed. A copy of said letter and Divorce Complaint is attached hereto as Defendant's Memorandum Exhibit No. 3. 4. On or about November 9, 1999 Plaintiff sued Defendant for child and spousal support even though the parties were still residing together. 5. The domestic relations conference was held on January 10, 2000. 6. By Order dated January 28, 2000 this Honorable Court denied Plaintiff's request for child and spousal support based on the finding that the parties were residing in the same household and because Defendant is contributing to the household expenses. A copy of the Order is attached hereto as Defendant's Memorandum Exhibit No. 4. 7. On or about February 10, 2000 Plaintiff moved out of the marital residence with the children and moved into her parents' residence with no prior notice to Defendant. She moved most of the parties' marital assets including the children's bedroom furniture into a storage facility at an undisclosed location. Shortly thereafter she filed for support again. 8. On or about February 29, 2000 Defendant filed an Emergency Petition seeking custody of the minor children and the return of the household furnishings. A copy of this petition is attached hereto as Defendant's Memorandum Exhibit No. 5. 9. By Order dated February 25, 2000 rendered by The Honorable Wesley Oler Defendant's Petition for Emergency Relief was denied in part and granted in part. A copy of this Order is attached hereto as Defendant's Memorandum Exhibit No. 6. 10. On April 19, 2000 a hearing was held to address Defendant's petition involving the household furniture. 11. On April 27, 2000 a Custody Conciliation Conference was held before Hubert Gilroy, Esquire, and a temporary Order was rendered directing that, pending further Order of Court, custody of the minor children would alternate between the parties on a weekly basis beginning and ending on Sunday afternoons. A copy of this Order is attached hereto as Defendant's Memorandum Exhibit No. 7. 12. By Order of this Court Plaintiff was directed to return certain items of the parties' furnishings to the marital residence including furniture for the children's bedroom. A copy of this Order is attached hereto as Defendant's Memorandum Exhibit No. 8. 13. The parties are currently before the Court for a temporary custody order pending a final custody determination. II. CURRENT CUSTODY ARRANGEMENT (FATHER'S PERSPECTIVE) 14. The Order alternating custody of the minor children between the parties went into effect on April 30, 2000. 15. During Father's periods of partial custody the childrens' paternal grandfather arrives at the marital residence each weekday morning at 7:00 a.m. and prepares the children for the rest of the day. Ben is taken to elementary school and stays there from 8:05 a.m. until 2:35 p.m. Andrew attends nursery school on Mondays and Tuesdays from 12:30 p.m. until 3:00 p.m. On Wednesdays and Thursdays Andrew is taken to Messiah College for nursery school where his weekly physical therapy takes place. On Fridays, Andrew is taken to a babysitter selected by the Plaintiff. Paternal grandfather provides the needed transportation during these periods. 16. Father arrives home at 5:30 p.m. each day and relieves his father. Father then prepares dinner; helps Ben with his homework; takes the children food shopping; bathes them and puts them to bed by 8:30 p.m. 17. On Saturdays, (even on Father's weeks) Mother takes Ben to an art class between the hours of 9:30 to 11:30 a.m. 18. During the period since the April 30 custody Order, Father has made the following observations: a) When the children are with Father, Mother calls daily interrogating the children as to their activities and inquires as to where they have been and with whom Father associates; b) Mother either does not provide Father with adequate clothing or the appropriate clothing for his periods of partial custody causing Father to make expenditures for clothing purchases; c) The children have advised Father as to the upcoming custody hearing and their belief that they will dictate as to the parent with whom they will reside; d) The children have advised Defendant that they are forbidden to mention their Father during the periods of partial custody with their Mother and that their maternal grandfather advised them he does not want to hear "that Daddy crap." e) During Defendant's periods of partial custody, the children are contacted by the maternal grandparents by telephone and advised that there are new toys and pets waiting for them when the period of partial custody is over; and f) Mother has advised the children of the virtues of the residence owned by the maternal grandparents and that the marital residence is paltry in comparison. 19. Since the April 30a' temporary custody Order, in addition to providing the children's basic necessities, Defendant had taken the children to the Aquarium in Baltimore; viewed several movies at the theater; gone bowling; shared activities at the playground including baseball; visited the municipal park and attended the recent Harrisburg Arts Festival. 20. Because Plaintiff refused to allow the children to bring video games to the marital residence, Defendant and the children participate in alternate activities such as talking, playing ball, drawing pictures and working on the computer. 21. The children are adjusting to the alternating week partial custody periods despite Plaintiff's attempts to alienate and disparage Defendant. III. STATUTORY AUTHORITY 22. The Court may temporarily award custody to either parent or both parents pending resolution of any counseling. See 23 Pa.C.S.A. 5305 (b). WHEREFORE, for the foregoing reasons Defendant prays that this Honorable Court maintain the status quo until psychological evaluations are conducted and a final Order is rendered. Respectfully submitted, ROBINSON & GERALDO By: QV.*t - Gerald S. Robinson, Esquire Attorney I. D. No. 27423 4407 North Front Street P. O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Defendant CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 1 st day of June, 2000, I caused a true and correct copy of the Memorandum in Support of Defendant's Position Regarding Temporary Custody to be served upon the following individual by hand delivery. Samuel Andes 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, ROBINSON & GERALDO 0 By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5301 PAX 12 November 1999 (717) 761-1435 Gerald S. Robinson, Esquire P.O. Box 5320 Harrisburg, PA 17110-5320 RE: Chambers Dear Jerry: Thank you for your letter of 8 November 1999. My client and I need to know whether your client will agree to move out of the house so these parties can accomplish a separation with as little dispute, trauma, and expense as possible. If he will do that, my client will file a divorce complaint and we can try to negotiate a property settlement and divorce. If he is not willing to move from the house, or if he does not wish to be divorced at this time, please let me know that right away. Whether we conclude a divorce now or not, I believe a separation is inevitable. I believe it is clearly in the best interests of the children that your client move from the house. My client has been the primary care provider and, in fact, a stay-at-home mother, throughout this marriage. As you no doubt are aware, the oldest child suffers from ADD and related problems which require a Particular care which my client has been providing. The younger child has a more severe medical problem which requires weekly therapy and rather constant monitoring and support which my client has been providing. Because of his work schedule, and the fact that he works so far from home, your client cannot provide that care and the parties have properly arranged for my client to provide it. We can continue that arrangement, with minimal disruption for the children, if my client and the children remain in the house after the separation. To accomplish that, your client has to agree to move from the house. My client has no intention of depriving your client of time with the children or of otherwise interfering with or limiting his reasonable custody rights. I expect we 1 "K INI° " Gerald S. Robinson, Esquire 2 12 November 1999 could negotiate a custody schedule (and probably a temporary support arrangement), before your client moves out, if he will cooperate in the process. Please review these ideas with your client and get back to me with your response as soon as you can. Sincerely, S ?C.A&z' ? Samuel L. Andes le cc: Mrs. Lynn Chambers November 13, 1999 Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 Re: Michael Chambers Dear Mr. Andes: This is in reply to your letter dated November 12, 1999 inquiring as Mr. Chambers' willingness to move from the marital premises. When I initially spoke to Mr. Chambers the parties did not have sufficient income to pay for another residence, and therefore his willingness was irrelevant. In this regard I noted that your client was underemployed and therefore theoretically they have the potential to support a second household which could be realized if your client sought full-time employment. Until then, it is my impression that the proposal included in your letter is unrealistic at the moment. Further, the information provided to me by Mr. Chambers is at variance with your belief that his role in the house-especially with the children is limited. To the contrary, Mr.Chambers spends significant time with the children despite his commute. If you have further thoughts on this matter, please so advise me. I will forward a copy of your letter to Mr. Chambers in the meantime. Sincerely yours, ROBINSON & GERALDO QQ ? Bv: Gerald S. Robinson, Esquire cc: M. Chambers GSR: dlj 2 P.O. Box 5320 Harrisburg, PA 17110-5320 Harrisburg 4407 North Front Street Harrisburg, PA 17110 Cumberland County 61 W. Louther Street Carlisle, PA 17013 Washington, D.C. 1316 Pennsylvania Ave., S.E. Washington, D.C. 20003 (717) 232-8525 (717) 245-9451 (202) 544-2889 (800) 571-2727 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 FAX 17 November 1999 (717) 761-1435 Gerald S. Robinson, Esquire P.O. Box 5320 Harrisburg, Pa 17110-532C RE: Chambers Dear Gerry: Enclosed is a certified copy of the Divorce Complaint which I filed recently for Mrs. Chambers, along with a document for you to sign to enter your appearance and accept service of this Complaint. Please sign that, file it directly with the Court, and send me a copy when you do so. If you are not willing or able to accept service, please notify me promptly so that I can arrange to have Mr. Chambers served. Mrs. Chambers advises me that her husband has stopped depositing his check into the household account and has refused to give her any money toward the household expenses. I assume he plans to make payment directly of his portion of the household expenses. For us to determine whether he is paying his fair share, and contributing an amount at least equal to his support obligation, I need to verify his current income. Please provide me with a copy of a recent paycheck stub which shows his earnings for the year to date, so I .-."n do that. I will obtain similar information from my client and share it'%vith you and we can try to avoid a fight about support. In the meantime, please discuss with your client the matters raised in my letter to you of 12 November 1999 and let me know whether he will cooperate by moving from the house or not. Sincerely, Samue L. Andes amh 3 ?4 LYNN K. CHAMBERS, Plaintiff/Respondent, V, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6904 CIVIL TERM MICHAEL E. CHAMBERS, Defendant/Petitioner.: CIVIL ACTION -DIVORCE PETITION FOR SPECIAL RELIEF TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes the Petitioner, Michael E. Chambers, by his attorney, Gerald S. Robinson, Esquire, and respectfully states the following: The Petitioner is MICHAEL E. CHAMBERS, an adult individual residing at 223 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is LYNN K. CHAMBERS, an adult individual residing at 908 Loring Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about November 9, 1999, Plaintiff/Respondent, Lynn K. Chambers, filed a Complaint for child and spousal support even though the parties were residing together with their two minor children. I 'l 4. At the Domestic Relations Conference held on January 10, 2000, Defendant/Petitioner, Michael E. Chambers, objected to the claim for support and testified that he was paying most of the parties' marital expenses and argued that his wife was not entitled to support because the parties continued to reside in the martial residence. 5. By order dated January 28, 2000, a copy of which is enclosed, the complaint for support was denied because Defendant/Petitioner was supporting his family. 6. On February 10, 2000, Plaintiff/Respondent, Lynn K. Chambers moved out of the marital residence and moved into her parents' residence with the minor children while her husband was at work. Plaintiff/Respondent removed most of the parties' furnishings from the martial residence and placed them in storage at an undisclosed location making the martial residence inhabitable for Defendant/Petitioner and the minor children. 8. Defendant/Petitioner is capable of providing a stable and healthy environment for the minor children in the martial residence. WHEREFORE, Petitioner respectfully requests your Honorable Court to: a) Order Respondent to return the martial property to the marital residence; and b) Order that Petitioner shall have primary physical custody of the minor children until further Order of the Court. Respectfully submitted, & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 28ih day of February, 2000, I caused a true and correct copy of the Order to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Samuel Andes 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 LYNN K. CHAMBERS, Plaintiff vs. MICHAEL E. CHAMBERS, Defendant 1`4 R 2 5 200P, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 997 Lrc??? ` 2h IN CUSTODY ORDER OAF CDMRi AND NOW this day of L? / 2000, upon consideration of the n, attached complaint, it is hereby directed that the parties and their respective counsel appear before AMI, Esquire, the conciliator, at tla,_ Z///?? Pennsylvania, on c u _ the ._7 day of 2000 , at fI 50 o'clock a.m., 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By Custody Conciliat6 Ci?Ji C. 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013 -- (717) 240-6200 h, "i I , , LYNN K. CHAMBERS, Plaintiff v MICHAEL E. CHAMBERS, Defendant MAY 3, 20Qq? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 997 CIVIL IN CUSTODY COURT ORDER AND NOW, this , day of 2000, upon consideration of the attached Custody Conciliation Report, it is ordered an4dir t as follows: 1. A hearing is set in Courtroom No. 2 of the Cumberland County Courthouse on June 1, 2000 at 10:00 a.m. The purpose of this hearing will be to address solely a temporary custody order that will be implemented pending a final hearing and to address the parties positions on whether this should be a shared arrangement pending a final hearing. Counsel for the parties shall file with the Court at least the day before the scheduled hearing a detailed memorandum setting forth their clients position on a temporary order. 2. Pending the entry of a more permanent temporary order, it is hereby ordered that the following interim order shall be in place: A. The Mother, Lynn K. Chambers, and the Father, Michael E. Chambers, shall enjoy shared legal custody of Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, bom December 19, 1994. B. Physical custody of the minor children shall be shared equally on a week to week basis. Exchange of custody shall be Sunday evening at 5:00 p.m. unless agreed otherwise between the parties. Mother shall deliver custody of the children to Father on Sunday, April 30a' with the parties alternating weekly thereafter. The parties may modify this order if they agree. Otherwise, this order shall control. BY THE COURT, J Edgar B. ayley w cc: Gerald S. Robinson, Esquire T PUE r Samuel L. Andes, Esquire `r r t f ana ?? ?cr G '.e y hand aCu.t t ra? P This da 0 OMMMISM .. z2.... Prothonotary LYNN K. CHAMBERS, Plaintiff v MICHAEL E. CHAMBERS, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 997 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 2. A Conciliation Conference was held on April 27, 2000, with the following individuals in attendance: The Mother, Lynn K. Chambers, with her counsel, Samuel L. Andes, Esquire; and the Father, Michael E. Chambers, with his counsel, Gerald S. Robinson, Esquire. 3. The parties separated February I Os' of this year. Mother left the marital home and took the two minor children with her. Benjamin is in first grade and Andrew has yet to start school. Father desires primary custody of the children and Mother desires primary custody of the children. Andrew has some special needs because of certain disabilities. Father has the paternal grandfather who is able to help him out as far as daycare and Mother has been using the maternal grandmother for daycare. Mother indicates she works from 8:00 a.m. to 5:00 p.m. each day during the week and Father works from 7:00 a.m. until 5:30 p.m. 4. There is a major dispute with respect to the existing custody arrangement. The Conciliator recommends that a quick hearing be set by the Court to address a temporary custody order pending a formal hearing. However, the Conciliator believes that an interim Custody Order needs to be set pending a hearing. Based upon the limited information the Conciliator received at the Conciliation Conference, the Conciliator is recommending shared custody pending a hearing. 5. The Conciliator recommends the entry of an order in the form as attached. Do DATE Hubert X. Gilroy, E uire Custody Concili r f , " a LYNN K. CHAMBERS, Plaintiff VS. MICHAEL E. CHAMBERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6904 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this (S ` ' day of May, 2000, upon consideration of Defendant's Petition for Special Relief, and following a hearing held on April 19, 2000, it is ordered and directed as follows: 1. Within 14 days of the date of this order, Plaintiff shall return to the marital residence at 223 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, the following items which she removed from the premises on or about February 10, 2000: (1) any clothing of Defendant; (2) furniture, including mattresses and air- conditioner(s), from the children's bedrooms; (3) kitchen utensils; (4) cream-colored coffee table from the living room; (5) cream-colored striped club chair and ottoman from the living room; (6) four white dining room chairs; (7) MTD lawn mower; and (8) desktop computer and printer. 2. Nothing herein is intended to represent a distribution of marital property or a determination of any issue respecting marital or nonmarital property. y hand 'P, tha Seal of sa;d 'our at Carlisle, Pa. Till is .. .......... t . ?? Protho otad ryy. is , r 1 C BY THE COURT, 0 i b ,. T I w Samuel L. Andes, Esquire 525 North 12`x' Street Lemoyne, PA 17043 Attorney for Plaintiff Gerald S. Robinson, Esquire Robinson & Geraldo, P.C. 4407 North Front Street P. O. Box 5320 Harrisburg, PA 17110 Attorney for Defendant AM LYNN K. CHAMBERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. CHAMBERS, DEFENDANT 00-997 CIVIL TERM ORDER OF COURT AND NOW, this 90 day of June, 2000, the parties being unable to agree as to who will conduct the custody evaluation in the within case, IT IS ORDERED that Stanley E. Schneider, Ph.D. shall conduct the evaluation. By the Edgar B. Bayley, J. Samuel Andes, Esquire For Plaintiff Gerald Robinson, Esquire For Defendant :saa ??o LYNN K. CHAMBERS, Plaintiff V. MICHAEL E. CHAMBERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY : NO. 00-997 CIVIL TERM PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Lynn K. Chambers. Respectfully submitted, Dated: September Z 1 , 2000 el L. Andes, Esquire Counsel for Plaintiff PA I.D. # 17225- 525 North 12`" Street P.O. Box 168 Lemoyne PA 17043 (717) 761-5361 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Lynn K. Chambers. Respectfully submitted, GATES & ASSOCIATES, P.C. Dated: September 4C-? 2000 ---Susan Kay C iell,quire Counsel for Pl inti PA I.D. # 64998 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 C) c? c c> ?K -: --CC El'7 ??ti% r ? p "3 - G LYNN K. GRANT F/K/A LYNN K. CHAMBERS PLAINTIFF V. MICHAEL E. CHAMBERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-997 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 05, 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 hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es 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 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 V BLED-( FicE OFF l H : F^i1Tun" 2006 SET) - [ AN 10: 36 CL?t? ' : „i`:1I Y 9 -1w 4 RECEIVED AUG 4 2006 M BY LYNN K. GRANT/fVa IN THE COURT OF COMMON PLEAS LYNN K. CHAMBERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, V. NO. 2000-997 MICHAEL E. CHAMBERS, Defendant/Petitioner. CIVIL ACTION- CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before day 2006 in for the 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 the entry of a temporary or permanent Order. For the Court, Date: By: Custody Conciliator on the Distribution: Gerald S. Robinson, Esquire, 4407 North Front Street, Harrisburg, PA 17110, Attorney for Defendan. t Lynn Grant, 201 W. Maplewood Avenue, Mechanicsburg, PA 17055, Pro Se. LYNN K. GRANT/f/k/a : IN THE COURT OF COMMON PLEAS LYNN K. CHAMBERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, V. NO. 2000-997 MICHAEL E. CHAMBERS, Defendant/Petitioner. CIVIL ACTION- CUSTODY PETITION TO MODIFY CUSTODY AND NOW, Petitioner, Michael E. Chambers, by and through his attorney, Gerald S. Robinson, Esquire, and the law firm of Robinson & Geraldo, respectfully request the following: 1. Petitioner is Michael E. Chambers, an adult individual and the natural Father who currently resides at 1204 Damsel Road, Essex, Baltimore County, Maryland. 2. Respondent is Lynn Grant, an adult individual and the natural Mother who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. The parties are the natural parents of the minor children Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 4. Petitioner seeks to have the visitation outlined in existing Custody Order modified due to his relocation to another state. The children are presently in the custody of Respondent, , who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of the child or claims to have custody or visitation rights with respect to the child. 7. There is an existing Custody Order entered into effect, a copy of which is attached hereto as Exhibit 1. 8. The best interest and permanent welfare of the child will be served by modifying the Custody Order because: a) Petitioner has relocated to Maryland due to his employment and a modification in the custody arrangement would provide for more quality time and convenient transportation arrangements for both parties; b) The current arrangement provides that Petitioner visit with the children during the week. Due to Petitioner's relocation, that arrangement has become impracticable when taking into consideration the transportation and time requirements to adhere to the current schedule. During the school year and summer months, transportation between Maryland and Pennsylvania shall be shared equally. Visitation during the school year should be modified to every other weekend and summer visitation should consist of alternating two week time periods, instead of weekly. This arrangement will reduce the time and costs associated with traveling across state lines; c) This modification will allow the children to spend time with both parents during school vacations and holidays; d) In order to make travel arrangements run smoothly for both parties, the party's designees will be permitted to assist in the transportation of the children; including Petitioner's father and girlfriend. e) Respondent has made repeated harassing and offensive remarks regarding Petitioner and his girlfriend to the point that this behavior has encouraged parental alienation between Petitioner and his children. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will e given notice of pendency of this action and the right to intervene: None. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the current custody order due to Petitioner's relocation to another state for employment purposes. Respectfully submitted, ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Petitioner I verify that the statements made in this Petition to Modify are true and correct. 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. E. Chambers 1• 1 7 r CERTIFICATE OF SERVICE AvN I, Jaime Wassmer, do hereby certify that on the _AEday of August, 2006, I caused a true and correct copy of the Petition to Modify to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Lynn Grant 201 W. Maplewood Avenue Mechanicsburg, PA 17055 Respectfully submitted, ROBINSON & GERALDO B J 'm Wassmer, Esquire s+ , - i D 4s 71 Cl VD 0 46 LYNN K. GRANT/f/k/a LYNN K. CHAMBERS, Plaintiff/Respondent, v. MICHAEL E. CHAMBERS, Defendant/Petitioner. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-997 : CIVIL ACTION- CUSTODY PETITION TO MODIFY CUSTODY AND NOW, Petitioner, Michael E. Chambers, by and through his attorney, Gerald S. Robinson, Esquire, and the law firm of Robinson & Geraldo, respectfully request the following: 1. Petitioner is Michael E. Chambers, an adult individual and the natural Father who currently resides at 1204 Damsel Road, Essex, Baltimore County, Maryland. 2. Respondent is Lynn Grant, an adult individual and the natural Mother who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of the minor children Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 4. Petitioner seeks to have the visitation outlined in existing Custody Order modified due to his relocation to another state. 5. The children are presently in the custody of Respondent, , who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of the child or claims to have custody or visitation rights with respect to the child. C7 7. There is an existing Custody Order entered into effect, a copy of which is attached hereto as Exhibit 1. 8. The best interest and permanent welfare of the child will be served by modifying the Custody Order because: a) Petitioner has relocated to Maryland due to his employment and a modification in the custody arrangement would provide for more quality time and convenient transportation arrangements for both parties; b) The current arrangement provides that Petitioner visit with the children during the week. Due to Petitioner's relocation, that arrangement has become impracticable when taking into consideration the transportation and time requirements to adhere to the current schedule. During the school year and summer months, transportation between Maryland and Pennsylvania shall be shared equally. Visitation during the school year should be modified to every other weekend and summer visitation should consist of alternating two week time periods, instead of weekly. This arrangement will reduce the time and costs associated with traveling across state lines; c) This modification will allow the children to spend time with both parents during school vacations and holidays; d) In order to make travel arrangements run smoothly for both parties, the party's designees will be permitted to assist in the transportation of the children; including Petitioner's father and girlfriend. e) Respondent has made repeated harassing and offensive remarks regarding Petitioner and his girlfriend to the point that this behavior has encouraged parental alienation between Petitioner and his children. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will a given notice of pendency of this action and the right to intervene: None. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the current custody order due to Petitioner's relocation to another state for employment purposes. Respectfully submitted, ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition to Modify are true and correct. 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. _ l _ Michael E. Chambers • 4 CERTIFICATE OF SERVICE ?.N I, Jaime Wassmer, do hereby certify that on the _I'L_day of August, 2006, I caused a true and correct copy of the Petition to Modify to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Lynn Grant 201 W. Maplewood Avenue Mechanicsburg, PA 17055 Respectfully submitted, ROBINSON & GERALDO B - . ]/?i %? '4WA'aalmer, Esquire D 4% LYNN K. GRANT F/K/A LYNN K. IN THE COURT OF COMMON PLEAS OF CHAMBERS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. CHAMBERS DEFENDANT 00-997 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Thursday, October 05, 2006 at 0:30 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 4$ hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gglro Es 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 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 (7) 7) 249-3166 ior? Q4i _Y -,?- z V . /-6 rIt'!W/ LY,` Llr4=1d 9C :01 WV i - d3S 9601 ?ltttilCfti ; is 1ti 31HI d0 f LYNN K. GRANT, FJKhk LYNN K. CHAMBERS, Plaintiff v MICHAEL E. CHAMBERS, Defendant NOV 29 2006#ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-997 CIVIL ACTION - LAW : IN CUSTODY COURT ORDER AND NOW, this day of ...CPl1l_ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in the above case in Court Room No. 2 of the Cumberland County Courthouse on the 19 4' day of Lr 200 ? at /-30a.m. At this hearing, the Father shall be the m ing party and shall proceed initially with testimony. 2. Counsel for the parties shall file with this Court and opposing counsel a detailed Memorandum setting forth the history of custody in this case, the issues currently before the Court, 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 clays prior to the mentioned hearing date. 3. In addition to the Memorandum as required in paragraph 2 above, legal counsel for the parties shall either meet in person or have a telephone conference to determine on what areas they agree with respect to a custody Order. Counsel shall prepare a joint Memorandum which each of them shall sign and file with the Court indicating the areas of agreement and the language for the custody Order that the parties agree upon relative to those issues. 4. Pending further Order of this Court, this Court's prior Order shall remain in effect. BY THE cc: Theresa Barrett Male, Esquire Jaime D. Wassmer, Esquire ra -7-1 G Edgar B. e4j? LIJ C? C--i r • LYNN K. GRANT, F/K/A LYNN K. CHAMBERS, Plaintiff v MICHAEL E. CHAMBERS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-997 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8ib), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Benjamin A. Chambers, born August 12, 1992 Andrew M. Chambers, born December 19, 1994 2. The Conciliator conducted an in-person conciliation conference with the parties and their counsel on November 7, 2006 and then had a subsequent telephone conference with the Attorneys. Legal counsel then each sent the Conciliator a letter detailing where they believed the parties agree and on what issues there is a disagreement. 3. There is a major disagreement with what should happen during the summer. Father was seeking a majority of the time during the summer months because he has now relocated to Maryland. Mother is unwilling to do anything more than 50-50 over the summer months. There is also an issue with respect to transportation that the parties are unable to agree upon. A hearing is required on these issues, and the Conciliator recommends an Order in the form as attached. NovembercX7 , 2006 /?? 011?1 ubert X. G' oy, Esquire Custody Conciliator Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, f/k/a LYNN K. CHAMBERS Plaintiff V. NO. 00-997 Civil Term MICHAEL E. CHAMBERS Defendant CIVIL ACTION - CUSTODY ORDER el- AND NOW, January L , 2007, upon agreement of the parties, the hearing on Defendant's Petition to Modify Custody is CONTINUED to Thursday, February 22, 2007 at 8:45 a.m. in Courtroom # 2 of the Cumberland County Courthouse. BY THE CO Edgar B. Bayley, P Distribution: Teresa Barrett Male, Esq., 513 North Second St., Harrisburg, PA 17101-105 Lme Wassmer, Esq., 4407 North Front Street, Harrisburg, PA 17110A `Av 0 y. L?.Y, ..._ 4: ? ?~.. #- ' ?. -? 4 _ __ ??L_ ??' tom"` ? __ i ? .. ? ?? 'I r + ; ?'?" Z ? ' r?_? 1 q ((? l? ?.., ti? LYNN K. GRANT, f/k/a IN THE COURT OF COMMON PLEAS OF LYNN K. CHAMBERS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL E. CHAMBERS, DEFENDANT 00-997 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2007, the custody hearing currently scheduled for February 22, 2007, is cancelled and rescheduled to Thursday, March 1, 2007, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court Edgar B'Bayley, J. /heresa Barrett Male, Esquire ,,,Xlme Wassmer, Esquire . :sal ' `? to Ci , n c , a b CV Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, f/k/a LYNN K. CHAMBERS Plaintiff V. MICHAEL E. CHAMBERS Defendant NO. 00-997 Civil Term CIVIL ACTION - CUSTODY ORDER AND NOW, February ZG , 2007, upon agreement of the parties, the hearing on Defendant's Petition to Modify Custody is RESCHEDULED from March 1, 2007 to Thursday, April 5, 2007 at 1:30 p.m. in Courtroom # 2, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE RT: Edgar B. Bayley, P. J. Distribution: Theresa Barrett Male, Esq., 513 North Second St., Harrisburg, PA 17101-1058 Jaime Wassmer, Esq., 4407 North Front Street, Harrisburg, PA 17110 d-,2-7,b 7 (:?, rya ? O ? rr7 J cr :_ r"> zt? c,ti I- JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com LYNN K. GRANT/f/k/a LYNN CHAMBERS, Respondent, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA V. MICHAEL E. CHAMBERS, NO. 2000-997 Petitioner. CIVIL ACTION-CUSTODY PETITION FOR CONTEMPT The Petition of Michael E. Chambers respectfully represents the following: 1. Petitioner is Michael E. Chambers, an adult individual and the natural Father who currently resides at 1204 Damsel Road, Essex, Baltimore County, Maryland. 2. Respondent is Lynn Grant, an adult individual and the natural Mother who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of the minor children: Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 4. The children are presently in the custody of Respondent, who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 46 5. Petitioner seeks to have the Respondent held in contempt of Court for violating the terms of the existing Custody Order for the following reasons: a. Respondent continues to medicate the children to address her concerns of Attention Deficit Hyperactivity Disorder (ADHD) despite test results and remarks by the children's educators stating that they do not believe the children suffer from said ailment. A copy of the child's Conner's Test, which notes the discrepancy between Respondent and the child's educator's view on whether the child suffers from ADHD is attached as "Exhibit I". b. Petitioner has attempted to communicate with Respondent regarding his concerns that the children do not need medication for ADHD; however, Respondent refuses to acknowledge and discuss Petitioner's concerns. Respondent's only response to Petitioner is that the "the doctor says the children need this medication"; however, as per a letter from the children's physician, the doctor states "...after discussion with Lynn (Respondent) it was recommended that Andrew start medication to help his focus". A copy of this letter is attached as "Exhibit 2". C. Petitioner recently traveled from Maryland to attend a parent-teacher conference concerning Andrew, which Respondent refused to attend. Petitioner learned that the child's performance in school has begun to decline and that Andrew was not doing his homework. Petitioner met with school officials to attempt to rectify this problem; however Respondent adamantly told Petitioner not to engage in any of the educator's suggested methods of improving the child's performance in school. d. Petitioner believes Respondent is over-medicating the children based on her belief that the children suffer from ADHD. Petitioner also believes that Respondent uses her belief that the children suffer from ADHD to excuse the children's declined performance in school. e. Respondent has stated that it is the school's responsibility to develop an additional curriculum to aid the children in their studies and homework responsibilities due to the fact that the children allegedly suffer from ADHD. f. Petitioner believes that there is no reason why the children should not be able to successfully complete their nightly homework assignments as they have in the past and that the reason why the children's education performance has declined is due to Respondent's failure to exercise her parental responsibility to ensure the children's work is complete. g. Respondent has been communicating to the children the details of this litigation, in that she has been giving the children to read the letters written by undersigned counsel addressed to Respondent's attorney. Petitioner became aware of this when his children began quoting verbatim the language contained in said correspondences. h. Despite repeated requests to share the children's medical information, Respondent has refused to provide Petitioner with the children's medical and educational records. i. Respondent's behavior amounts to parental alienation and continually refuses to engage in co-parenting with Petitioner. 6. Respondent's behavior is adversely affecting the children's educational development and it is in the best interest of the children for the Court to prohibit her from continuing such course of action. 7. Petitioner requests that the children seek a recommendation by a medical professional in order to make a diagnosis and determination as to whether the children indeed suffer from ADHD and whether it is necessary for the children to continue to take medication for ADHD. WHEREFORE, for the forgoing reasons, Petitioner prays this Honorable Court grant his request in having an independent medical professional make a determination and diagnosis regarding whether the children suffer from ADHD and compel Respondent to provide Petitioner with the children's medical and educational records. Petitioner also requests that Respondent be held in contempt of Court and be ordered to pay for all of Petitioner's expenses related to his attempts to get compliance with the Court Order. Petitioner requests that in the interest of judicial economy, this Petition be heard at the parties' April 5, 2007 hearing. Respectfully submitted, ROBINSON & GERALDO By: Jain-k . Wassmer, Esquire for Petitioner VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. 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. Michael E. Chambers reb 20 2007 3:14PM Allegheny Millwork 410-721-1357 p.4 ER for Andrew Morgan Chambers • Relevant functional and developmental evaluation (ecological evaluation,). Not appropriate • Vocational Tecbnlcal Education Assessment Results & lnterests, Preferences, Aptitudes (when appropriate - for students over 14). Not Appropriate • Interests, Preferences, Aptitudes (for secondary transition): Not Appropriate • Functional Behavioral Assessment Results (if appropriate). The Conners' Rating Scales were developed to help provide information about the degree to which students display behaviors associated with ADHD and other behavior patterns that may affect the students functioning in school and the home environments. Conners' Teacher Rating Scale- Revised: Long Version ICTRS-R:L) r. _ T Score X-50 SD_19 R !Me Oppositional 48 Average Cognitive Problems/Inattention 44 Sli ghtly "cal Hyperactivity 47 Average Anxious-Shy 42 Sli ghtly at3,p ical Perfectionism 43 sli ghtly atyp ical Social Problems 45 Avaa Conners' ADHD Index 51 Average Conners' Global Index: Restless-1 ulsive 52 Avera Conners' Global Index: Emotional Labili 45 Avers Conners' Global Index: Total 50 AMMME DSM-IV: Inattentive 43 Slightly atyp ical DSM-IV: H ctive- sivc 42 Sli ghtly a ical DSM-IV: Total 42 slig htl_y atyp ical Conners' Forest Rati,e Scale - Revised: Lone Version (CPRS-R:L) _ T Score X=30 SD--10 Range 0 "tional 54 Ave Cognitive P'roblernAnattention 73 Markedly a ical Hyperactivity 56 Stio3fly ical Anxious-Shy 63 Mildt a anal Perfectionism 44 Slightly atypical Social Problems 77 Markedly atypical Psychosomatic 63 Mildly ical Conners' ADHD Index 71 Markedly !?ical Conners' Global Index: Restless-Impulsive 56 Slightly atypical Conners' Global Index: Emotional Labili 52 Average Conners' Global Index: Total 55 Ave DSM-IV: Inattentive 79 Markedly aWical DSM-rV.- Hyperactive-Impulsive 58 Slightly atypical PDEBSE EVALUATION REPORT (Rev. July 2005) Page: 6 _ t Feb 20 2007 3:14PM Rlleghentj Millwork 410-721-1357 P.5 _ ER for Andrew M Chambers DSM-IV: Total 71 Markedly atypical Andrew's teacher rates him in the average or slightly atypical range in all areas. In the school setting he has not been observed to demonstrate behaviors associated with ADHD at a level that suggests a need for additional intervention at this time. On the other hand, Andrew's mother rates his behavior as being in the markedly atypical range on the following scales listed with the characteristics they measure; Cognitive Problems/Inattention: are likely to be inattentive, have organizational problems, have difficulty completing tasks, have concentration problems Social Problems: are likely to perceive that they have fm, friends, have low self-esteem and self- confidence, feel socially detached from their peers Conners' ADHD Index: identifies children/adolescents "at risk" for ADHD DSM-N Inattentive: high scores indicate an above average correspondence with the DSM-IV diagnostic criteria for Inattentive type ADHD DSM-IV Total: high scores indicate an above average correspondence with the DSM-IV diagnostic criteria for Inattention and Hyperactive-Impulsive type ADHD His mother rates him in the markedly atypical range on the scales listed with the characteristics they measure; Cognitive Problems/Inattention: are likely to be inattentive, have organizational problems, have difficulty completing tasks, have concentration problems Social Problerris: are likely to perceive that they have few friends, have low self-esteem and self- confidence, feel socially detached from their peers Conners' ADHD Index: identifies childreafadolescents "at risk" for ADHD DSM-lV Inattenntive: high scores indicate an above average correspondence with the DSM-1V diagnostic criteria for Inattentive type ADHD DSM-IV Total: high scores indicate an above average correspondence with the DSM-IV diagnostic criteria for Inattention and Hyperactive-Impulsive type Mildly atypical range on the following scares listed with the characteristics they measure; Anxious-Shy: have atypical amount of worries and fears; prone to be emotional and sensitive to critici 1 anxious in unfamiliar situations, are shy and withdrawn r Psychosomatic: report atypical amount of aches and pains FY Most often to be identified as having A DHD students must exhibit symptoms in both the home and school setting. Although Mrs. Grant sees a number of problems associated with this disorder he is functioning well with his current plan and does not appear to need additional accommodations at this time. • For a child suspected of having a specific learning disability, include a statement of 1) Whether the child has a specific learning disability. Andrew is not suspected of having a specific learning disability. 2) The basis for making the determination (whether there is a severe discrepancy between achievement and ability that is pot correctable without special education and related services or whether the child does not respond to resear+c"ased interventions or other). 3) The relevant behavior noted during the observation of the child. 4) The relationship of that behavior to the child's academic functioning. 5) The educationally relevant medical findings, if any. 6) The determination of the team concerning the effects of environmental, cultural, or economic disadvantage PDEil3SE EVALUATION REPORT (Rev. July 2005) page: 7 Feb 20 2007 3:14PM Allegheny Millwork 410-721-1357 p•2 .ZONES, DALY, COLDREN ASSOCIATES 2025 TECHNOLOGY PKWY,STE 108 MECHANICSBURG, PA 17050 (717) 791-2680 January 25, 2007 Mr. Michael E. Chambers 1204 Damsel Road Essex, MD 21221 RE: Andrew Chambers B.D. 12-19-1994 Dear Mr. Chambers: Andrew had Vanderbilt Assessment form completed by Lynn, Mrs. Henry and Mrs. Pickering in February, 2006. Mrs. Pickering and Lynn both rued Andrew at risk for ADD and after discussion with Lynn it was recommended that Andrew start medication to help his focus. Lynn has been updating me on the boy's (Andrew & Ben) progress. It has been my understanding that they are doing well. You and Lynn need to discuss the issues you have raised. I hope you two can come to an understanding and we can do what is right for the boys. My responsibility is for evaluation and treatment recommendations. You and Lynn need to work out how and if you will follow the recommendations. Sincerely, H. Brad Henken D.O. HBH/rlf cc: Lynn Grant CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the 13`t' day of March, 2007, I caused a true and correct copy of the Petition for Contempt to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Respectfully submitted, ROBINSON & GERALDO BY. Jai assmer, Esquire ?9. W p, O ?, d n N -v Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, f/k/a LYNN K. CHAMBERS Plaintiff/Respondent V. MICHAEL E. CHAMBERS Defendant/Petitioner NO. 00-997 Civil Term CIVIL ACTION - CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Plaintiff/Respondent retained Petitioner to represent her in this action. 2. Professional considerations require termination of the representation. 3. Counsel for the Defendant/Petitioner does not object to this request. Wherefore, Petitioner respectfully requests the court to grant her Petition to withdraw as counsel for Plaintiff/Respondent. Respectfully Submitted, Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Petitioner Date: March 15, 2007 2 916 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jaime D. Wassmer, Esquire Robinson & Geraldo P.O. Box 5320 Harrisburg, PA 17110-5320 Attorneys for Defendant/Petitioner Lynn K. Grant 212 W. Marble Street Mechanicsburg, PA 17055 Plaintiff/Respondent Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: March 16, 2007 r? o -n -? a -Tj ? C:D 4 ":aaoatpw' Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, f/k/a LYNN K. CHAMBERS Plaintiff/Respondent V. MICHAEL E. CHAMBERS Defendant/Petitioner ORDER AND NOW, March, 2007, the Court GRANTS Theresa Barrett Male, Esquire, leave to withdraw as counsel for Plaintiff/Respondent in this proceeding. NO. 00-997 Civil Term CIVIL ACTION - CUSTODY BY THE COUP: Edgar B. Bayley, P. J. Distrib 'on: h es arrett Male, Esq., 513 North Second St., Harrisburg, PA 1710 ai D. Wassmer, Esq., P.O. Box 5320, Harrisburg, PA 17110-5320 nn K. Grant, 212 W. Marble St., Mechanicsburg, PA 17055 A i U 1 . ° Q t c?4 JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com LYNN K. GRANT/f/k/a LYNN CHAMBERS, Respondent, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA V. MICHAEL E. CHAMBERS, NO. 2000-997 Petitioner. : CIVIL ACTION-CUSTODY ANSWER TO MOTION FOR CONTINUANCE AND NOW comes Michael E. Chambers, by and through his attorney, Jaime D. Wassmer, Esquire, represents as follows: 1. Paragraph 1 is admitted. 2. Paragraph 2 is admitted. 3. Paragraph 3 is neither admitted nor denied and proof is demanded thereof. 4. Paragraph 4 is admitted. By way of further response, this matter has been rescheduled three times since its original hearing date of January 19, 2007. Defendant previously agreed to the numerous rescheduling changes due to Plaintiff making statements that an agreement could be reached. Each time a stipulation was drafted reducing the terms to writing, Plaintiff rescinded what she would agree to and added additional terms to the stipulation that Defendant had not approved, thereby delaying a resolution. At the conclusion of the parties' Conciliation Conference in November 2006, the parties had two issues that required Court assistance: transportation and summer visitation. As a result of Plaintiff's refusal to compromise and adding changes to issues the parties had resolved at the conference, the issues to be resolved before the court now total four: transportation, summer visitation, Christmas visitation, health issues. The number of issues to be presented at the parties' hearing will continue to increase if the parties do not proceed with the April 5, 2007 hearing. Defendant deferred his day in court by mistakenly relying on Plaintiff's word, and finality with this matter remains to be attained as a direct of result of Plaintiff's actions. WHEREFORE, Defendant prays this Honorable Court denies Plaintiff's request to continue this matter to a date later than April 5, 2007. Respectfully submitted, ROBINSON & GERALDO Date: 3, Ja. e . Wassmer, Esquire A ey for Plaintiff VERIFICATION I verify that the statements made in this Answer to Motion for Continuance are true and correct. 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. G4-----' Michael E. Chamber CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the .2.3day of M."Ck , 20075 I caused a true and correct copy of the Answer to Motion for Continuance to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Joanne H Clough, Esquire 24 North 32nd Street Camp Hill, PA 17011 Lynn K. Grant 201 W. Maplewood Avenue Mechanicsburg, PA 17055 Respectfully submitted, ROBINSON & GERALDO By: V? 0-81-?? Jaime ssmer, Esquire "71 C 0 fri . d ? <r `n sr MM d W ` C? Theresa Barrett Male t? M Supreme Court # 46439 w 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, f/k/a LYNN K. CHAMBERS Plaintiff/Respondent . V. NO. 00-997 Civil Term MICHAEL E. CHAMBERS Defendant/Petitioner CIVIL ACTION - CUSTODY MOTION FOR CONTINUANCE 1. Concurrently with filing this motion, Petitioner Theresa Barrett Male, Esquire is filing a Petition for Leave to Withdraw as counsel for Plaintiff/Respondent. 2. A hearing on Defendant's custody modification petition is set for April 5, 2007 at 1:30 p.m. 3. Plaintiff/Respondent will need additional time within which to secure successor counsel. • PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jaime D. Wassmer, Esquire Robinson & Geraldo P.O. Box 5320 Harrisburg, PA 17110-5320 Attorneys for Defendant/Petitioner Lynn K. Grant 212 W. Marble Street Mechanicsburg, PA 17055 Plaintiff/Respondent Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: March 16, 2007 n 4. Counsel for the Defendant/Petitioner does not object to the petition for leave to withdraw, but does object to this request for continuance. Wherefore, Petitioner respectfully requests the court to grant this Motion and continue the April 5, 2007 hearing pending Plaintiff/Respondent's retention of counsel. heresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Petitioner Date: March 15, 2007 2 LYNN K. GRANT F/K/A LYNN CHAMBERS : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-997 CIVIL ACTION LAW MICHAEL E. CHAMBERS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 23, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 20, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es 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 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 ral Ri I -Z Wd 9Z 8VW LOOZ 40.'I?!* Mt&'GrOdd 34U JO LYNN K. GRANT/f/k/a LYNN CHAMBERS, Plaintiff/Respondent, V. MICHAEL E. CHAMBERS, Defendant/Petitioner. AND NOW, this MAR 16 2007,, / IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2000-997 CIVIL ACTION-CUSTODY ORDER day of March, 2007, it is hereby Ordered and Decreed that a hearing shall be held to address the concerns alleged in Defendant's Petition for Contempt. This hearing is scheduled for the day of 2007, in Courtroom No. at the Cumberland County Courthouse. BY THE COURT: J. Distribution: Jaime D. Wassmer, Esquire, 4407 North Front Street, Harrisburg, PA 17110, Attorney for Defendant Theresa Barrett Male, Esquire, 513 North Second Street, Harrisburg, PA 17101, Attorney for Plaintiff 4 JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com LYNN K. GRANT/f/k/a LYNN CHAMBERS, Respondent, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 2000-997 MICHAEL E. CHAMBERS, Petitioner. CIVIL ACTION-CUSTODY PETITION FOR CONTEMPT The Petition of Michael E. Chambers respectfully represents the following: 1. Petitioner is Michael E. Chambers, an adult individual and the natural Father who currently resides at 1204 Damsel Road, Essex, Baltimore County, Maryland. 2. Respondent is Lynn Grant, an adult individual and the natural Mother who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of the minor children: Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 4. The children are presently in the custody of Respondent, who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 5. Petitioner seeks to have the Respondent held in contempt of Court for violating the terms of the existing Custody Order for the following reasons: a. Respondent continues to medicate the children to address her concerns of Attention Deficit Hyperactivity Disorder (ADHD) despite test results and remarks by the children's educators stating that they do not believe the children suffer from said ailment. A copy of the child's Conner's Test, which notes the discrepancy between Respondent and the child's educator's view on whether the child suffers from ADHD is attached as "Exhibit I". b. Petitioner has attempted to communicate with Respondent regarding his concerns that the children do not need medication for ADHD; however, Respondent refuses to acknowledge and discuss Petitioner's concerns. Respondent's only response to Petitioner is that the "the doctor says the children need this medication"; however, as per a letter from the children's physician, the doctor states "...after discussion with Lynn (Respondent) it was recommended that Andrew start medication to help his focus". A copy of this letter is attached as "Exhibit 2". C. Petitioner recently traveled from Maryland to attend a parent-teacher conference concerning Andrew, which Respondent refused to attend. Petitioner learned that the child's performance in school has begun to decline and that Andrew was not doing his homework. Petitioner met with school officials to attempt to rectify this problem; however Respondent adamantly told Petitioner not to engage in any of the educator's suggested methods of improving the child's performance in school. d. Petitioner believes Respondent is over-medicating the children based on her belief that the children suffer from ADHD. Petitioner also believes that Respondent uses her belief that the children suffer from ADHD to excuse the children's declined performance in school. e. Respondent has stated that it is the school's responsibility to develop an additional curriculum to aid the children in their studies and homework responsibilities due to the fact that the children allegedly suffer from ADHD. f. Petitioner believes that there is no reason why the children should not be able to successfully complete their nightly homework assignments as they have in the past and that the reason why the children's education performance has declined is due to Respondent's failure to exercise her parental responsibility to ensure the children's work is complete. g. Respondent has been communicating to the children the details of this litigation, in that she has been giving the children to read the letters written by undersigned counsel addressed to Respondent's attorney. Petitioner became aware of this when his children began quoting verbatim the language contained in said correspondences. h. Despite repeated requests to share the children's medical information, Respondent has refused to provide Petitioner with the children's medical and educational records. i. Respondent's behavior amounts to parental alienation and continually refuses to engage in co-parenting with Petitioner. 6. Respondent's behavior is adversely affecting the children's educational development and it is in the best interest of the children for the Court to prohibit her from continuing such course of action. 7. Petitioner requests that the children seek a recommendation by a medical professional in order to make a diagnosis and determination as to whether the children indeed suffer from ADHD and whether it is necessary for the children to continue to take medication for ADHD. WHEREFORE, for the forgoing reasons, Petitioner prays this Honorable Court grant his request in having an independent medical professional make a determination and diagnosis regarding whether the children suffer from ADHD and compel Respondent to provide Petitioner with the children's medical and educational records. Petitioner also requests that Respondent be held in contempt of Court and be ordered to pay for all of Petitioner's expenses related to his attempts to get compliance with the Court Order. Petitioner requests that in the interest of judicial economy, this Petition be heard at the parties' April 5, 2007 hearing. Respectfully submitted, ROBINSON & GERALDO By: Jai . Wassmer, Esquire for Petitioner VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Michael E. Chambers reb 2Q 2007 3:14PM Allegheny Millwork 410-721-1357 p,4 ER for Andrew Morean Chambers • Relevant functional and developmental evaluation (ecological evaluation,). Not appropriate • Vocational Technical Education Assessment Results & Interests, Preferences, Aptitudes (when appropriate - for students over 14). Not Appropriate • interests, Preferences, Aptitudes (for secondary transition): Not Appropriate • Functional Behavioral Assessment Results (if appropriate). The Conners' Rating Scales were developed to help provide information about the degree to which students display behaviors associated with ADHD and other behavior patterns that may affect the students functioning in school and the home ei ironments. Conners' Teacher Radar Scale- Revised: Lon Version CTRS- _ T Score X-50 SD-10 Ran ge oppositional 48 Avera ge Cognitive Problem0nattention 44 Sli ghtly a typical Hyperactivity 47 Av e Anxious-Shy 42 Sli ghtly ical Perfectionism 43 Sli t2 ical Social Problems 45 Average Conners' ADHD Index 51 Av Conners' Global Index. Restless-I ulsive 52 Avetn e e Conners' Global Index: Emotional Lability 45 Avera ge Conners' Global Index: Total 50 A DSM-IV: Inattentive 43 Slightly at ypical DSM-IV: H ctive-i Wsive 42 Sli tl cal DSM-IV: Total 42 Slig htly at ypical Conners' Parent Rati,e Seak -Revised: Long Version ! FRS R•L) oppositional _ T Score X=30 SD--10 50 Ras e Average Cognitive Pmblenw7nattention 73 Marked] atypical Hyperactivity 56 Slightly ical Anxious-Shy 63 Mildly atypical Perfectionism 44 Slightly atypical Social Problems 77 Marked atypical Psychosomatic 63 Mil atypical Conners' ADHD Index 71 Madwdl atypical Conners' Globai Index: Restless-I Wsive 56 Slightly atypical Conners' Global Index: Emotional Labi!Ltz 52 Average Conners' Global Index: Total 55 Average DSM-IV: Inattentive 79 Markedly atypical DSM-1V: Hyperactive-Impulsive 58 Slightly atypical PDEISSE EVALUATION REPORT (Rev. July 2005) Page: 6 10 Feb 2b 2007 3:14PM Rlleghen!j Millwork 410-721-1357 P.5 ER for Andrew's teacher rates hint in the average or slightly atypical range in all areas. In the school setting he has not been observed to demonstrate behaviors associated with ADHD at a level that suggests a need for additional intervention at this time. On the other hand. Andrew's mother rates his behavior as being in the markedly atypical range on the following scales listed with the characteristics they measure; Coenitive Problems/Inattention: are likely to be inattentive, have organizational problems, have difficulty completing tasks, have concentration problems Social Problems: arc likely to perceive that they have few friends, have low self-esteem and self- confidence, feel socially detached from their peers Conners' AD ID Index: identifies children/adolescents "at risk" for ADHD DSM- V Inattentive: high scores indicate an above average correspondence with the DSM-IV diagnostic criteria for Inattentive type ADHD DSM-1V Totaa: high scores indicate an above average correspondence with the DSM-IV diagnostic criteria for Inattention and Hyperactive-Impulsive type ADHD His mother rates him in the markedly atypical range on the scales listed with the characteristics they measure; Coa?nitive Problems/Inattention: are likely to be inattentive, have organizational problems, have difficulty completing tasks, have concentration problems Social Problems: are likely to perceive that they have few friends, have low self-esteem and self- confidence, feel socially detached from their peers Conners' ADRD Index: identifies childreafadolescents "at risk" for ADHD DSM4V Inattentive: high scores indicate an above average correspondence with the DSM-IV diagnostic criteria for Inattentive type ADHD DSM-IV Total: high scores indicate an above average correspondence with the DSM-IV diagnostic criteria for Inattention and Hyperactive-Impulsive type Mildly atypical range on the following scales listed with the characteristics they measure; Anxious-Shy: have atypical amount of worries and fears; prone to be emotional and sensitive to critici anxious in unfamiliar situations, are shy and withdrawn r P chosonwk.- report atypical amount of aches and pains ?U u Most often to be identified as having A DHD students must exhibit symptoms in both the home "and school setting. Although Mrs. Grant sees a number of problems associated with this disorder he is functioning well with his current plan and does not appear to need additional accommodations at this time. • For a child suspected of having a specific learning disability, include a statement of 1) Whether the chid has a specific learning disability. Andrew is not suspected of having a specific learning disability. 2) The basis for making the determination (whether there is a severe discrepancy between achievement and ability that is not correctable without special education and related services or whether the child does not respond to research-based interventions or other). 3) The relevant behavior noted daring the observation of the child. 4) The relationship of that behavior to the cbild's academic functioning. 5) The educationally relevant medical findings, if any. 6) The determination of the team concerning the effects of environmental, cultural, or economic disadvantage PDFjESE EVALUATION REPORT (Rev. July 2005) Page: 7 'Feb 20 2007 3:14PM Allegheny Millwork 410-721-1357 P.2 JONES, DALY, COLDREN ASSOCIATES 2025 TECHNOLOGY PKWY,STE 108 MECHANICSBURG, PA 17050 (717) 791-2680 January 25, 2007 Mr. Michael E. Chambers 1204 Damsel Road Essex, MD 21221 RE: Andrew Chambers B.D. 12-19-1994 Dear Mr. Chambers: Andrew had Vanderbilt Assessment form completed by Lynn, Mrs. Henry and Mrs. Pickering in February, 2006. Mrs. Pickering and Lynn both rated Andrew at risk for ADD and after discussion with Lynn it was recommended that Andrew start medication to help his focus. Lynn has been updating me on the boy's (Andrew & Ben) progress. It has been my understanding that they are doing well. You and Lynn need to discuss the issues you have raised. I hope you two can come to an understanding and we can do what is right for the boys. My responsibility is for evaluation and treatment recommendations. You and Lynn need to work out how and if you will follow the recommendations. Sincerely, H. Brad Henken D.O. HBH/rlf cc: Lynn Grant J CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the 13th day of March, 2007, I caused a true and correct copy of the Petition for Contempt to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Respectfully submitted, ROBINSON & GERALDO By. N)?) ( vv- Jai assmer, Esquire - lJ ?w O 1 -43 ?? XM O Fn ,' 11 Ur COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, f/k/a LYNN K. CHAMBERS Plaintiff V. : NO. 2000-997 MICHAEL E. CHAMBERS Defendant CIVIL ACTION - CUSTODY STIPULATION THIS AGREEMENT is made between Plaintiff Lynn K. Grant ("Mother") and Defendant Michael E. Chambers ("Father"). RECITALS WHEREAS, Mother and Father are the parents of Benjamin A. Chambers (dob: 08/12/92) and Andrew M. Chambers (dob: 12/19/94); and WHEREAS, on or about August 18, 2006, Father filed a petition to modify the parties' prior custodial arrangement; and WHEREAS, the Court has set a hearing for April 5, 2007 on the disputed issues; and WHEREAS, the parties have resolved those issues. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Legal Custody. The parties will share legal custody of Benjamin and Andrew as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning the children, including but not limited to their health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. Access to Records. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to the children's medical, dental, religious and school records. 3. Primary Physical Custody. Mother shall have primary physical custody of the children. 4. Partial Physical Custody. Father will have partial physical custody during the school year as follows: a. From Friday at 6:00 p.m. until Sunday at 7:00 p.m. If the children have a church confirmation activity on Sunday evening, Father will relinquish custody at 4:00 p.m. In the event that the children do not have school on the Monday immediately following Father's weekend, then Father shall have partial custody from Friday at 6:00 p.m. until Monday at 7:00 P.M. b. In the event that the children have a three day weekend during the school year, such as Columbus Day or President's Day, Father has the option to swap his regularly scheduled weekend with another weekend 2 that month to be mutually selected by the parties in order to enjoy the extended weekend with the children. 5. Summer Schedule. The parties will share equally the summer break from school on an alternating week, or bi weekly basis, as agreed by the parties. The weeks shall begin and end on Sunday at 7:00 p.m. Not later than March 31 of each year, the parties shall submit proposed summer custody schedules to each other and work out the summer schedule and resolve summer scheduling issues. During Father's periods of summer custody, he shall provide proper supervision for the children when he is at work or away from home for a period of two or more hours. Neither party will leave the children alone in a public place without proper supervision. The summer visitation shall commence the first Sunday following the last day of school and extend until the Sunday before school begins. a. Summer church camp and technology conferences: The parties shall divide visitation over the summer months equally, provided, however, that Mother's weeks of summer custody shall include the two (2) weeks the children are participating in church camp and the National Technology Science Conference. Due to the fluctuation of the minor children's camp and conference, the parties agree to communicate with one another regarding when these activities are scheduled. The parties agree to allocate Father's weeks and Mother's weeks within thirty days of both parties receiving the information as to when the church camp and technology conference is to take place when determining the 3 summer visitation schedule for that year. The parties acknowledge that they may have to modify the weeks they each selected to have summer custody of the children if they learn of the summer camp and technology program dates after the summer week schedule has been established. b. In the event there are an uneven number of summer school vacation weeks, Father shall receive an extra week of summer custody. 6. Holidays. The parties will share holidays as follows: Holiday Even-Numbered Years Odd-Numbered Years Easter Father Mother Mother's Day Mother Mother Memorial Day Mother Father Father's Day Father Father July 4th Father Mother Labor Day Mother Father Thanksgiving Segment A Father Mother Thanksgiving Segment B Mother Father a. For Easter, Mother's Day, Memorial Day, Father's Day, July 4th, and Labor Day, the times run from 8:00 p.m. on the night before the holiday until 7:00 p.m. on the day of the holiday. b. Thanksgiving Segment A runs from Wednesday (Thanksgiving Eve) at 8:00 p.m. until Friday at 12:00 p.m. (noon). Thanksgiving Segment B runs from Friday at 12:00 p.m. (noon) until Monday at 7:00 p.m. C. Christmas and New Years Holidays: The parties agree to divide the Christmas and New Years holidays as follows: 1. In even numbered calendar years Mother shall have custody of the children from the last day of school in December until noon on December 25th, and 4 Father shall have custody of the children from noon on December 25th until 7:00 p.m. on December 30th. Mother shall have custody of the children from 7:00 p.m. on December 30th until school resumes in January of the new year. 2. In odd numbered calendar years Mother shall have custody of the children from the last day of school in December until noon on December 25th, and Father shall have custody of the children, at his option, from either: a) noon on December 25th until 7:00 p.m. on December 27th and 5:00 p.m. on December 30th to 7:00 p.m. the evening before school starts in the new year or b) from 5:00 p.m. on December 27th until 7:00 p.m. on January 1St. Father shall notify Mother by December 1St each odd numbered calendar year which period of physical custody he will exercise his custody said year. In the event that Father is traveling to Pennsylvania on December 25th, he shall pick the children up at Mother's residence. In the event he is not traveling to Pennsylvania, the transportation shall be as otherwise set forth in this Stipulation. d. Father shall always have custody of the children on Father's Day and Mother shall always have custody of the children on Mother's Day from 8:00 p.m. the evening preceding said Day to 7:00 p.m. said holiday. 7. Holidays Control. Holidays take precedence over the other provisions of this order. 8. Transportation. The parties shall share transportation as follows: a. In even-numbered months, the parties will meet at the McDonald's off the Leader Heights Exit on 1-83. 5 b. In odd-numbered months, the parties will meet at the McDonald's off the Shrewsbury Exit on 1-83. Father's and Mother's designees will be permitted to assist in transportation, including Father's girlfriend and his father. Both parties agree to exercise common sense if dangerous weather conditions exist that make transportation of the children at the times set forth above unsafe. The parties further agree that they will use reasonable discretion in modifying the times and locations for exchange if a situation warrants a modification. 9. Health Issues. The parties shall ensure that the children take all medications prescribed by the children's physicians, and shall supervise the children's adherence to the prescribed dosages. Father will not smoke, or allow others to smoke, inside his home during his periods of partial custody. Additionally, neither party will: a. Expose the children to tobacco smoke or other pollutants which could exacerbate their health and welfare. b. Smoke, or allow third parties to smoke, in the children's presence, including in a car or other vehicle. C. Expose the children to second-hand smoke in any places, including but not limited to restaurants. Both parties specifically agree to abide by any and all restrictions and recommendations of Andrew's treating physicians regarding his lung condition. 10. Contact with Children. Both parents shall enjoy reasonable telephone and e- mail contact with the children when they are in the custody of the other parent. 6 11. No Disparaging Remarks. Neither party shall make any disparaging remarks regarding the other party in the presence of the children. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the children. 12. Prohibited Substances. During periods of custody, the parties shall not possess or use any controlled substance. They shall not consume alcoholic beverages to the point of intoxication. The parties shall assure, to the extent possible, that other household members and guests comply with this prohibition. 13. Schedule Changes. The parties shall confirm by e-mail all notices, requests to deviate from the schedule in this stipulation, and confirmation of schedule changes. No unilateral changes shall be made by email or otherwise. 14. Entry of Order. The parties shall present this stipulation to the Court for entry of an order incorporating its terms. Witness 1'1'x _"I yn . Grant Michael E. Chambers 7 04/05/2007 TAU 10:14 FAX 717 232 5098 ROBINSON & GERALDO L. IooO uispara ing_Remarks. Neither party shall "Hake any disparaging remarks regarding the other party in the presence of the children. Additionally, neither parry shall 0001/001 permit third persons to rnaKe disparaging remarks concerning the other party in the presence of the children. 12. Prohibited stand. curing perlods of custody, the parties shall not possess oe use any controlled substance. They ehall not. consume alcoholir; beverages to ttia potr,r ,yi intoxication. The parties shall assure, to the extent possible, that ether household M- ernbess and guests comply with this prohibition. 13. Schedule Chanees. The parties shall confirm by a-rnail all notices, requensts to deviate from the schedule in this stipulation, and Wnfirmatica of schedule changes. lac unilateral changes shall be made by ernail or otherwise. 1-4. EnM --of Onder. The parties shall present this stipulation to the Co?srt for entry of an order incorporating its tey MS, 'PI;trit s. vJ? L-A yn?i. Grant L, Michael E. Chambers ..... . _....? , 7 ?? ? _, ?. a ;i LYNN K. GRANT, f/k/a LYNN K. CHAMBERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. CHAMBERS, DEFENDANT 00-997 CIVIL TERM ORDER OF COURT AND NOW, this VA, day of April, 2007, the motion of plaintiff for a continuance, IS DENIED. By the EdgarB. Bafty, J. /oanne H. Clough, Esquire Jaime Wassmer, Esquire :sal Ko)o?osoOtGe- ROA ? 0 4 ? Lus CA- LIJ u.. o ? '' tv t , • rap COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, f/k/a COURT OF COMMON PLEASE OF LYNN K. CHAMBERS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. NO. 2000-997 MICHAEL E. CHAMBERS Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW this j ' d April, 2007, upon review of the attached Stipulation executed by both parties and witnessed by their respective legal counsel, the Custody hearing scheduled for April 5, 2007 is CANCELLED. It is hereby ORDERED and DECREED that the attached Stipulation of April 5, 2007 is hereby ourt. C 4 LYNN K. GRANT/f/d/a, LYNN CHAMBERS Plaintiff V. MICHAEL F. CHAMBERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA NO. 2000-997 : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Plaintiff, Lynn K. Grant, in the above captioned action. lly submitted, HARRISON DATE: J o I Joanne Harrison Clough, Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 PC _ ._._.1 ? `'l -?-_1 _?, r .,? 6-' G;il -?-f C:J ? 1`i S`?.? --4 LYNN K. GRANT/f/d/a, LYNN CHAMBERS, Plaintiff V. MICHAEL F. CHAMBERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA :NO. 2000-997 :CIVIL ACTION - LAW :IN CUSTODY PLAINTIFF'S REPLY TO DEFENDANT'S PETITION FOR CONTEMPT Now this 13- ?day of April, 2007 comes the Respondent Lynn K. Grant, and files the following in response to Michael F. Chambers Petition For Contempt and as follows: 1. Admitted. 2. Admitted in part, Denied in part. It is admitted that Lynn Grant is the natural mother of the children in this custody action it is specifically denied that she resides at 201 West Maplewood Avenue. To the contrary she resides at 212 West Marble Street Mechanicsburg, Cumberland County Pennsylvania. 3. Admitted. 4. Admitted in part. However Respondent mother and the children reside at 212 West Marble Street Mechanicsburg. 5. Denied. It is specifically denied that Respondent mother shall be held in contempt of court for following the terms of the existing custody order as follows: a. Admitted in part, denied in part. It is admitted that Respondent continues to give the children their prescribed medications for ADHD per the recommendation of the children's treating physician(s). It is specifically denied that the children's educators are competent to make a determination regarding whether or not the parties' children suffer from ADHD or whether they should receive medication. It is admitted that there was a discrepancy in the Connors test results from the child's teacher and Respondent mother. By further way of explanation it is common for the children's educator scores to differ from the custodial parents test scores since the children frequently exhibit different behaviors at school then in a home environment. b. It is specifically denied that Petitioner has attempted to communicate with Respondent regarding his concerns about the children's needs for ADHD medications. It is specifically admitted that the children's physician recommended and in fact prescribed ADHD medication. The Respondent mother has followed the doctors' recommendation and given the children the medication as prescribed. By way of further explanation, Respondent first learned of Petitioner's concerns of the ADHD medication when she received a copy of the letter from the physician. Petitioner has only addressed his concerns regarding the ADHD medication to the physician, not the Respondent. c. Admitted in part, denied in part. It is admitted Petitioner recently traveled from Maryland to attend a parent teacher conference. It is specifically denied that Respondent adamantly told Petitioner not to engage in any of the educators suggested methods of improving the child's performance at school. To the contrary Petitioner was meeting with the school regarding an IEP meeting that Respondent mother requested. Respondent mother had asked that said meeting be rescheduled until after each of the child's teachers had completed the Connor's test for the child. The school refused and held the conference with Petitioner only. Respondent mother asked Petitioner not to sign anything regarding an IEP or 504 plan until she had an opportunity to review it. By way of further explanation Respondent mother had requested the school district have each of the child's teachers fill out the Connor test to assure more accurate results for the ADHD testing. Respondent mother indicated she would meet with the school district after the other teachers had completed the Connor test. d. Denied. It is specifically denied that Respondent is over medicating the children "based on her belief that the children suffer from ADHD". The children's treating physician(s) diagnosed them with ADHD and Respondent mother is providing the children with the medication prescribed by the pediatrician by the doses prescribed by the pediatrician/doctor in conjunction with the psychologist. e. Admitted in part. It is admitted that Respondent has accurately stated that the public school has a responsibility to provide an appropriate education to her children and that she has repeatedly requested an IEP be specifically tailored to meet the children's needs. f. It is specifically denied that Respondent is failing to exercise her parental responsibilities to ensure the children's work is complete. To the contrary Respondent maintains significant contact with the children's teachers and works with the children regarding home work assignments on a weekly basis. g. Admitted in part, denied in part. It is admitted that Respondent has been discussing with the children the details of this summer's physical custody schedule. It is respectfully denied that Respondent regularly relates to the children the details of this litigation and reads all the letters written by opposing counsel to the children. To the contrary Respondent has simply discussed with the children(ages 12 and 14) the summer custody situation and asked them what they would like to do for their summer periods of custody with each parent. On one occasion Respondent did refer to a letter from Petitioner's legal counsel when the children did not know what summer physical custody schedule their father wished to have with them to simply inform them of the summer schedule their father was requesting. h. Denied. It is denied that Respondent has ever refused to provide Petitioner with the children's medical related and/or educational records. To the contrary, Petitioner has never asked Respondent for the children's medical or educational records. By way of further explanation, Petitioner father has shared legal custody of the children and can obtain their educational records whenever he wants by simply asking the appropriate entity for the information. i. Denied. It is specifically denied that Respondent's behavior amounts to parental alienation. It is further denied that Respondent refuses to engage in co-parenting with Petitioner. To the contrary it is Petitioner who repeatedly refuses to show any significant interest in working with Respondent on very serious issues concerning the health and welfare of there children including the boys ADHD and the serious health issues Andrew has. Petitioner and his girlfriend have repeatedly ignored the dangers of exposing Andrew by to cigarette smoke while under Petitioner's care or the care of Petitioner's girlfriend or third parties. Petitioner has regularly refused to attend physicians' appointments for Andrew who suffers from a deteriorating lung disease and currently only has 37% lung function. This is a deteriorating condition he has suffered from since being born 1 I weeks premature that results in his lung function to continue to deteriorate as he ages. Petitioner has only attended two of the lung specialist appointments and repeatedly failed to go to other appointments when receiving prior notice of the date and time of the appointments. j. Denied. It is specifically denied that Respondent's behavior is adversely affecting the children's educational development. It is further denied that any court action is necessary for Petitioner to have an active role in the children's education. 6. Denied. It is specifically denied that Respondent's behavior is adversely affecting the children's development. To the contrary, at all times Respondent has acted in the best interests of both children regarding their schooling and educational needs. 7. Denied. It is specifically denied that the school or Plaintiff need to seek a recommendation by a medical professional in order to make a diagnosis and determination whether or not the children do indeed suffer from ADHD and whether it is necessary for the children to continue to take medication for ADHD". To the contrary, the children are under the care of Physician who has diagnosed them ADHD and in fact having prescribed and continue to prescribe ADHD medication for both children. WHEREFORE Lynn K. Grant respectfully request this Honorable Ccourt deny Petitioner's Petition for Contempt. submitted, Joanr3W Harrison Clough, 24 N. 32°d Street Camp Hill, PA 17011 717.737.5890 Counsel for Plaintiff, Lynn K. Grant VERIFICATION I, Lynn Grant hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: ! ?? (? CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Jamie Wassmer R & G Robinson & Geraldo 4407 North Front Street Harrisburg„ PA Date: JoanhOltarfison Clough, Attorney ID No. 36461 24 N. 32"d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant C -I ?.? 77 CrIt LYNN K. GRANT/Wa IN THE COURT OF COMMON PLEAS LYNN K. CHAMBERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, V. NO. 2000-997 MICHAEL E. CHAMBERS, Defendant/Petitioner. CIVIL ACTION- CUSTODY PETITION TO MODIFY CUSTODY AND NOW, Petitioner, Michael E. Chambers, by and through his attorney, Jaime D. Wassmer, Esquire, and the law firm of Robinson & Geraldo, respectfully request the following: 1. Petitioner is Michael E. Chambers, an adult individual and the natural Father who currently resides at 1204 Damsel Road, Essex, Baltimore County, Maryland. 2. Respondent is Lynn Grant, an adult individual and the natural Mother who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of the minor children Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 4. Petitioner seeks to have the visitation outlined in the existing Custody Order modified granting him primary physical custody. 5. The parties' younger son, Andrew, is presently in the custody of Respondent, who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania; however, by verbal agreement, the parties' older son has been residing with the maternal grandmother from approximately May 5, 2008 through the end of the school year subsequent to an incident in which the child refused to remain in Respondent's home. 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of the child or claims to have custody or visitation rights with respect to the child. 7. There is an existing Custody Order entered into effect, a copy of which is attached hereto as Exhibit 1. 8. The best interest and permanent welfare of the children will be served by modifying the Custody Order because: a) For much of the 2007-2008 school year, Ben was having trouble in academic performance, attendance and his behavior. Respondent again chose to handle the situation by engaging in verbal altercations with Ben, who temporarily moved out of Respondent's home and in with the maternal grandmother on two separate occasions. b) Over the past few months, Ben has been experiencing difficulties with other students at his school which has attributed to Respondent and Ben engaging in verbal altercations at home. c) Respondent did not communicate with Petitioner regarding Ben's issues until the incident came to a head in the beginning of May 2008 which resulted in Ben moving out of Respondent's residence and into the home of his maternal grandmother on or about May 5, 2008. d) Ben sent a threatening message to a fellow student, whose mother then contacted Respondent and threatened to contact the police. Respondent lead Ben to believe the police were out looking for him, which was not true. e) Respondent did not contact Petitioner regarding the incident with the threatening message nor the fact that Ben has moved out until three days later on May 8, 2008. Respondent and Petitioner have agreed to allow Ben to remain with the maternal grandmother until the end of this school year. f) Ben's ongoing issues at home, school, and in the community resulted in his involvement in an intensive outpatient program with Pinnacle Hospital. The program was four to five weeks and included individual, group, and family sessions. g) On May 14, 2008, Ben was discharged from the intensive outpatient program but individual, as well as, family counseling sessions were recommended. h) Sometime during the fall of 2007, Ben was prescribed Prozac for a diagnosis of Major Depression. Petitioner was not consulted or notified regarding this decision nor did Petitioner witness or experience the symptoms alleged by Respondent which placed Ben on this medication. i) Ben spoke with his psychiatrist and stated he no longer wanted to take Prozac. Ben went off the medication and the psychiatrist supported his decision. j) When Respondent discovered Ben was no longer taking Prozac, she immediately wanted Ben to see another psychiatrist. k) Ben reports that he agreed to go back on Prozac because Respondent threatened that if he didn't, she would take "everything away from him". 1) Respondent and Ben have a conflictive relationship in which Ben does not feel supported by his mother. m) Ben has had a number of incidents in the past several months in which he sent threatening messages to both other individuals at school, as well as his step-father. Respondent did not share these occasions with Petitioner until the most recent incident occurred. n) Respondent provides no consistent structure or positive reinforcement to her children. o) Respondent's method of discipline and parenting to the children involves subjection to constant and extreme verbal abuse on a routine basis. p) Andrew, the parties' younger son, has become withdrawn and detached emotionally. Respondent uses Andrew as a glorified babysitter for her five year old son, who is a child from another relationship. q) Respondent's behavior amounts to parental alienation and a continual refusal to engage in co-parenting with Petitioner. r) The children have expressed a desire to move to Maryland to be with Petitioner. s) Petitioner has a loving and healthy relationship with the children and Petitioner has never experienced the level of problems with his sons as Respondent does while the children are in her care. t) Petitioner can provide a more stable, loving, and structured environment than Respondent. 9. Respondent's behavior is adversely affecting the children's educational and emotional development and it is in the best interest of the children for the Court to prohibit her from continuing such course of action. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of pendency of this action and the right to intervene: None. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the current custody order granting Petitioner primary physical custody of the two minor children. Respectfully submitted, ROBINSON & GERALDO By: to - Jai D. Wassmer, Esquire Att ey I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition to Modify are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Michael E. Chambers CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the d2n day of June, 2008, I caused a true and correct copy of the Petition to Modify to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Thomas Gould, Esq. 2 East Main Street Shiremanstown, PA 17011 Respectfully submitted, ROBINSON & GERALDO By: J ' Wassmer, Esquire APR too COURT OF COMMON PLEAS OF CUMBERLAND CO UNI`Y, PENNSYLVANIA LYNN K. GRANT, f4ja LYNN K. CHAMBERS COURT OF COMMON PLEASE OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2000-997 MICHAEL E. CHAMBERS Defendant Cam- ACTION - CUSTODY ORDER OF COURT AND NOW this _I- K- -_day of April, 2007, upon review of the attached Stipulation executed by both parties and witnessed by their respective legal counsel, the Cu scheduled for April 5, 2007 is CANCELLED. It is hereby O Custody hearing attached Stipulation of April 5, 2007 is hereby ORDERED and DECREED that the approved and made an ORDER of this Court. J. I ' 1 ?"Set my 1,,, . tm S" Of SW A. coun C, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT; f/k/a LYNN K. CHAMBERS Plaintiff NO. 2000-997 `-' MICHAEL E. CHAMBERS Defendant CIVIL ACTION - CUSTODY 77 IZ; STIPULATION - .< THIS AGREEMENT is made between Plaintiff Lynn K. Grant ("Mother") and Defendant Michael E. Chambers ("Father°). RECITALS WHEREAS, Mother and Father are the parents of Benjamin A. Chambers (dob: 08/12/92) and Andrew M. Chambers (dob:12/19/94); and WHEREAS, on or about August 18, 2006, Father filed a petition to modify the parties' prior custodial arrangement; and WHEREAS, the Court has set a hearing for April 5, 2007 on the disputed issues; and WHEREAS, the parties have resolved those issues. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Legal Customs. The parties will share legal custody of Benjamin and Andrew as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning the children, including but not limited to their health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. Access to Records. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to the children's medical, dental, religious and school records. 3. Primary Physical Custod . Mother shall have primary physical custody of the children. 4. Partial Physical Custody. Father will have partial physical custody during the school year as follows: a. From Friday at 6:00 p.m. until Sunday at 7:00 p.m. If the children have a church confirmation activity on-Sunday evening, Father will relinquish custody at 4:00 p.m. In the event that the children do not have school on the Monday immediately following Father's weekend, then Father shall have partial custody from Friday at 6:00 p.m. until Monday at 7:00 p.m. b. In the event that the children have a three day weekend during the school year, such as Columbus Day or President's Day, Father has the option to swap his regularly scheduled weekend with another weekend 2 that month to be mutually selected by the parties in order to enjoy the extended weekend with the children. 5. Summer Schedule. The parties will share equally the summer break from school on an alternating week, or bi weekly basis, as agreed by the parties. The weeks shall begin and end on Sunday at 7:00 p.m. Not later than March 31 of each year, the parties shall submit proposed summer custody schedules to each other and work out the summer schedule and resolve summer scheduling issues. During Father's periods of summer custody, he shall provide proper supervision for the children when he is at work or away from home for a period of two or more hours. Neither party will leave the children alone in a public place without proper supervision. The summer visitation shall commence the first Sunday following the last day of school and extend until the Sunday before school begins. a. Summer church camp and technology conferences: The parties shall divide visitation over the summer months equally, provided, however, that Mother's weeks of summer custody shall include the two (2) weeks the children are participating in church camp and the National Technology Science Conference. Due to the fluctuation of the minor children's camp and conference, the parties agree to communicate with one another regarding when these activities are scheduled. The parties agree to allocate Father's weeks and Mother's weeks within thirty days of both parties receiving the information as to when the church camp and technology conference is to take place when determining the 3 summer visitation schedule for that year. The parties acknowledge that they may have to modify the weeks they each selected to have summer custody of the children if they learn of the summer camp and technology program dates after the summer week schedule has been established. b. In the event there are an uneven number of summer school vacation weeks, Father shall receive an extra week of summer custody. 6. Holidavs. The parties will share holidays as follows: Holiday Eve"umbered Years Odd-Numbered Years Easter Father Mother Mother's Day Mother Mother Memorial Day Mother Father Father's Day Father Father July 4th Father Mother Labor Day Mother Father Thanksgiving Segment A Father Mother Thanksgiving Segment B Mother Father a. For Easter, Mother's Day, Memorial Day, Father's Day, July 4t", and Labor Day, the times run from 8:00 p.m. on the night before the holiday until 7:00 p.m. on the day of the holiday. b. Thanksgiving Segment A runs from Wednesday (Thanksgiving Eve) at 8:00 p.m. until Friday at 12:00 p.m. (noon). Thanksgiving Segment B runs from Friday at 12:00 p.m. (noon) until Monday at 7:00 p.m. C. Christmas and New Years Holidays: The parties agree to divide the Christmas and New Years holidays as follows: 1. In even numbered calendar years Mother shall have custody of the children from the last day of school in December until noon on December 25th, and 4 Father shall have custody of the children from noon on December 251, until 7:00 p.m. on December 301h. Mother shall have custody of the children from 7:00 p.m. on December 30th until school resumes in January of the new year. 2. In odd numbered calendar-years Mother shall have custody of the children from the last day of school in December until noon on December 25th, and Father shall have custody of the children, at his option, from either: a) noon on December 25th until 7:00 p.m. on December 27th and 5:00 p.m. on December 30th to 7:00 p.m. the evening before school starts in the new year or b) from 5:00 p.m. on December 27th until 7:00 p.m. on January1St. Father shall notify Mother by December 1St each odd numbered calendar year which period of physical custody he will exercise his custody said year. In the event that Father is traveling to Pennsylvania on December 25th, he shall pick the children up at Mother's residence. In the event he is not traveling to Pennsylvania, the transportation shall be as otherwise set forth in this Stipulation. d. Father shall always have custody of the children on Father's Day and Mother shall always have custody of the children on Mother's Day from 8:00 p.m. the evening preceding said Day to 7:00 p.m. said holiday. 7. Holidays Control. Holidays take precedence over the other provisions of this order. 8. Transportation. The parties shall share transportation as follows: a. In even-numbered months, the parties will meet at the McDonald's off the Leader Heights Exit on 1-83. 5 b. In odd-numbered months, the parties will meet at the McDonald's off the Shrewsbury Exit on 1-83. Father's and Mother's designees will be permitted to assist in transportation, including Father's girlfriend and his father. Both parties agree to exercise common sense if dangerous weather conditions exist that make transportation of the children at the times set forth above unsafe. The parties further agree that they will use reasonable discretion in modifying the times and locations for exchange if a situation warrants a modification. 9. Health lgsues. The parties shall ensure that the children take all medications prescribed by the children's physicians, and shall supervise the children's adherence to the prescribed dosages. father will not smoke, or allow others to smoke, inside his home during his periods of partial custody. Additionally, neither party will: a. Expose the children to tobacco smoke or other pollutants which could exacerbate their health and welfare. b. Smoke, or allow third parties to smoke, in the children's presence, including in a car or other vehicle. C. Expose the children to second-hand smoke in any places, including but not limited to restaurants. Both parties specifically agree to abide by any and all restrictions and recommendations of Andrew's treating physicians regarding his lung condition. 10. Contact with Children. Both parents shall enjoy reasonable telephone and e- mail contact with the children when they are in the custody of the other parent. 6 11. No Disaaraging_Remarks. Neither party shall make any disparaging remarks regarding the other party in the presence of the children. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the children. 12. Prohibited Substances. During periods of custody, the parties shall not possess or use any controlled substance. They shall not consume alcoholic beverages to the point of intoxication. The parties shall assure, to the extent possible, that other household members and guests comply with this prohibition. 13. Schedule Changes. The parties shall confirm by e-mail all notices, requests to deviate from the schedule in this stipulation, and confirmation of schedule changes. No unilateral changes shall be made by email or otherwise. 14. Entry of Order. The parties shall present this stipulation to the Court for entry of an order incorporating its terms. Witness yn Gant f/ f r Michael E. Chambers 7 04/05/2007 TSU 10:14 FAX 717 232 5088 ROBINSON & GERALDO 1i. DiaLAging Rem rks. Neither party shall make any disparaging remarks - ynn'fh.Grarlt f regarding the other party in the presence of the children. Additionally, neither party shall 0001/001 permit third persons to make disparaging remarks concerning the other party in the presence of the children. :.e. Proh - ad Su ncwn. Ouring periods of custody, the Parties shall not possess 0 U" any aontralled substance. The; shay not consum alcohoilr; beverages to tt+s point ?i inloxication. The parties shall assure, to the extent possible, that other household mer been and guests comply with this prohibition. 13. Schedide Cho The parties shall confirm by e-mail all notices, requests to deNlate from the schedule In this 5tlpufation, and confirmafio,+. of schedule changes. Nc unilateral changes shall be made try email or otherwise. 14. EDby. Order. The parties shall present this stipulation to the Court for entry of an order incorporating its terms, ltnen Michael E. Chambers ~ -! 7 9 Ao ? yGS '? ? a LYNN K. GRANT F/K/A LYNN K. IN THE COURT OF COMMON PLEAS OF CHAMBERS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL E. CHAMBERS DEFENDANT 2000-997 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 17, 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/ Hubert X. Gtlro Esq.,IM 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 'o? , VI?tt?hQNN3c 10 • h ltd 0 1 NAr Dooz ?o Ql. /` JUG 2 9 2008 LYNN K. GRANT, F/K/A IN THE COURT OF COMMON PLEAS OF LYNN K. CHAMBERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : CIVIL ACTION - LAW MICHAEL E. CHAMBERS, NO. 2000-997 Defendant IN CUSTODY COURT ORDER AND NOW, this day of July, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 2. Upon the conclusion of the custody evaluation set forth in paragraph one above and in the event either party desires to have a hearing scheduled with the Court at that time, legal counsel for the parties may contact the Custody Conciliator via a telephone conference to make arrangements for the scheduling of a hearing before the Court. 3. Pending further Order of this Court, both parents shall continue to participate in ongoing family therapy with the two children and any therapist or counselor for the children is hereby authorized to share information concerning the ongoing therapy or counseling with both parents. 4. The parties shall submit themselves and their minor two children to a custody evaluation to be performed by a professional selected by the Father. Costs of the evaluation shall be paid for by the Father. The professional doing the evaluation shall do an independent evaluation and shall share the results of the evaluation with legal counsel for both parties. Both parties shall cooperate in the evaluation and ensure that the children participate as required in the evaluation. Pending further Order of this Court, this Court's prior Order of April 5, 2007, shall remain in place. cc: / e D. Wassmer, Esquire 7mas Gould, Esquire J r -? l ,. w.. LYNN K. GRANT, F/K/A LYNN K. CHAMBERS, Plaintiff vs. MICHAEL E. CHAMBERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-997 IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Benjamin A. Chambers, born August 12, 1992 Andrew M. Chambers, born December 19, 1994 2. A Conciliation Conference was held on July 17, 2008, with the following individuals in attendance: The mother, Lynn K. Grant, with her counsel, Thomas D. Gould, Esquire, and the father, Michael E. Chambers, with his counsel, Jaime D. Wassmer, Esquire. 3. The status quo over the past few years has been with Mom having primary physical custody and Dad having liberal periods of temporary custody. There have been some issues with one or both of the children and Father is now seeking primary custody. However, Father is willing to have a custody evaluation completed at his expense and it appears an evaluation should be completed before a hearing is scheduled. 4. The Conciliator recommends an Order in the form as attached. Date: July, 2008 l Gilroy, Esquire Conciliator JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com LYNN K. GRANT/f/k/a LYNN CHAMBERS, Respondent, V. MICHAEL E. CHAMBERS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : NO. 2000-997 CIVIL ACTION-CUSTODY PETITION FOR CONTEMPT The Petition of Michael E. Chambers respectfully represents the following: 1. Petitioner is Michael E. Chambers, an adult individual and the natural Father who currently resides at 1204 Damsel Road, Essex, Baltimore County, Maryland. 2. Respondent is Lynn Grant, an adult individual and the natural Mother who currently resides at 212 Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of the minor children: Benjamin A. Chambers, born August 12, 1992 and Andrew M. Chambers, born December 19, 1994. 4. The children are presently in the custody of Respondent, who currently resides at 201 W. Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 5. Petitioner seeks to have the Respondent held in contempt of Court for violating the terms of the existing Custody Order for the following reasons: a. The parties executed a custody agreement, which was entered as an Order of Court on April 5, 2007. A copy of said agreement is attached as Exhibit 1. b. According to the custody agreement, mother has primary custody of the children, with father having partial visitation from Friday at 6:00 p.m. until Sunday at 7:00 p.m. According to paragraph 4(b) of the agreement, in the event that the children have a three day weekend, during the school year, Father has the option to swap this regularly scheduled weekend with another weekend that month in order to enjoy the extended weekend with the children. d. Father's regularly scheduled weekend was to occur on January 9, 2009 and extend until Sunday, January 11, 2009; however, Father was informed by the older son on or before January 4, 2009 that the children would be unavailable to attend their visitation time with Father due to the older son's work schedule and the younger son attended a retreat with his church. e. Father emailed correspondence to mother on January 5, 2009 stating that since the boys have commitments during his regular visitation period he would be utilizing his option to swap his weekend for the extended weekend of January 16, 2009 through January 19, 2009 since the children would be off of school for Martin Luther King, Jr. day. A copy of this correspondence is attached as Exhibit 2. f. Mother responded on January 5, 2009 that swapping weekends would "interfere with her schedule, plans, and other issues." (emphasis added). A copy of mother's email is attached as Exhibit 3. g. Mother would not allow Father to exercise visitation during his regular weekend of January 9th citing the older son's work schedule and the younger son's "mandatory" retreat; however, Father contacted the younger son's pastor, who relayed to Father via email correspondence that the confirmation retreat was one which the participants are invited to attend. (emphasis added). The church encourages the confirmands to attend one of the retreats and that there is in January and one in April. The pastor indicated that they try to give information on both retreats and told Father to take a look at the schedules and see which retreat worked works best. A copy of the pastor's email correspondence is attached as Exhibit 4. h. Correspondence was sent to Mother's counsel raising the issue of swapping weekends and citing the email received from the pastor indicating that the retreat was not mandatory but regardless was providing her with two weeks notice of his intention to raise his option of swapping weekends under paragraph 4(b) of the parties' custody order. A copy of said correspondence is attached as Exhibit S. i. Mother prohibited Father's visitation with the children during this regularly schedule weekend from January 9, 2008 to January 11, 2009. Father's counsel made numerous phone calls to mother's counsel throughout the week of January 12, 2009 to confirm whether mother would allow visitation during the extended weekend of January 16, 2009 through January 19 as Father requested and was provided for in the parties' custody agreement. k. On January 16, 2009, Father's counsel sent correspondence via facsimile to Mother's counsel again requesting visitation for the extended weekend and citing Mother's refusal to allow visitation even during Father's regularly scheduled weekend without justification. A copy of said correspondence is attached as Exhibit 6. 1. Mother's counsel responded via facsimile stating mother had provided alternatives to Father since his regular visitation was prevented due to conflicts with the children's schedule yet provided no justification or response as to why Father could not exercise visitation over the extended weekend as Father has requested and was provided for in paragraph 4(b) of the parties' custody agreement. A copy of said correspondence is attached as Exhibit 7. in. Father's counsel faxed a follow-up response stating that if Mother prohibited visitation during the extended weekend, despite Father giving ample notice of his intention to swap weekends and the custody agreement provides Father with the option to swap this weekends, Father would have no choice but to seek Court intervention. A copy of said correspondence is attached as Exhibit 8. n. No response was received by Father from Mother allowing Father to exercise visitation with the children during the extended weekend and visitation did not occur on January 16, 2009 through January 19, 2009. 6. Mother is clearly in contempt of violating paragraph four (b) of the April 5, 2007 Order and should be made to pay Father's attorney fees for preparing and filing this Petition, as well as any expense associated with attending future proceedings. 7. Father's counsel's hourly rate is $175, which to date comes to $437.50 and will continue at that rate into the future. 8. Father has made numerous attempts to work with Mother and to avoid unnecessary Court intervention; however, Respondent has made it clear to both Father and undersigned counsel that she will not comply with the Custody Order or co-parent with Petitioner unless mandated by this Honorable Court to do so. WHEREFORE, for the forgoing reasons, Petitioner prays this Honorable Court grant his petition for contempt and compel Mother to provide Father is a make-up weekend within thirty days as well as pay Father's counsel fees to related to his attempts to get compliance with the Court Order. Respectfully submitted, ROBINSON & GERALDO B Jai e Wassmer, Esquire Attorney for Petitioner CERTIFICATE OF SERVICE I, Jaime D. Wassmer, do hereby certify that on the 23`d day of January, 2009, I caused a true and correct copy of the Petition for Contempt to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Respectfully submitted, ROBINSON & GERALDO By: Jai a assmer, Esquire COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, f/k/a LYNN K. CHAMBERS Plaintiff _ V. NO. 2000-997 MICHAEL E. CHAMBERS 4 Defendant CIVIL ACTION - CUSTODY l STIPULATION THIS AGREEMENT is made between Plaintiff Lynn K. Grant ("Mother") and Defendant Michael E. Chambers ("Father). RECITALS WHEREAS, Mother and Father are the parents of Benjamin A. Chambers (dob: 08/12/92) and Andrew M. Chambers (dob: 12/19/94); and WHEREAS, on or about August 18, 2006, Father filed a petition to modify the parties' prior custodial arrangement; and WHEREAS, the Court has set a hearing for April 5, 2007 on the disputed issues; and WHEREAS, the parties have resolved those issues. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Leggi Custody. The parties will share legal custody of Benjamin and Andrew as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning the children, including but not limited to their health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be EXHIBIT z pua)laGM Jay;oue 441M pumlaaan palnpayos Apoln$aa sly dells of uol;do ayl set' Jay;ej `Ae(ls,luaplsaJd Jo ABC sngwnlo0 se yons `seal( Iooyos ayl Vupnp pua)ieem Aep GOJ41 a aney uaapllyo ay; ;eyl luaAa ayl ul -q -w-d OO:L le AepuoW pun -w-d 00:9 le AeplJj woa; Apolsno larped sAey Net's Jaylej uayl `pua)lasm s,Jaylej ?UIMW101 Alalelpawwl AepuoW ay; uo looyos aney lou op uaapllyo 041 1841 Juana ay; ul -w-d oo:l, le Apolsno yslnbulla.i Illm Jaylej JuluaAa AepunS.uo Alwloe uollewalluoo yoanyo e aney uaapllyo 04111 -w•d 00:L le AepunS Illun 'w'd 00:9 le Aepu j woi j -e :sMolIOI se aeaA looyos ayl ?uunp Apolsno leolsAyd lelped aney Illm Jaylej *XPb-:PTIO 1 I ed v •uaJpiyo ay; jo Apo;sno leolsAyd Aaewijd aney Ileys J041O l • 0 1801yd ew- d '£ •spio3ei looyos pue snol$NaJ `leluep `lm!peLu s,uaapllyo ay; o; sseooe ejoldwoo pue Ilnd aney lleys;uaaed yoea `(e) 60CS § 'YS'0 'ed CZ ui peplAoad sd •spjo*etj o -Z -alglssod se uoos se Jay Jo wly yllnn linsuoo pue AaueSaawa ay} P Jaylo ay; wao;ul lleys luaaed ;et'; `JanannoH •AgaJay; Pale;lssaoau suolsloap alelpawwl Aue a)lew of poW.waad aq Heys Aoue: jewe ay; ;o awl; ayl le uaapllyo ayl p Apolsno leolsAyd RUTAey ;uaJed ay; `spew aq ;snw 4014M suolsloap AauaOJews Aue o; pJeReJ 411M -Apoisno ImpAyd ?ujmq uayl luaJed ayl to )lllglsuodm ay; eq Ileys suolsloap Aep 01 Aed -Jaylo 841 01 waouo3 #o aq of poloadxa 'APR Zuni COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN K. GRANT, /k/a. COURT OF COMMON PLEASE OF LYNN K. CHAMBERS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2000-997 MICHAEL E. CHAMBERS Defendant CIVIL ACTION - CUSTODY OR IER OF COURT AND NOW this day of April, 2007, upon review of the attached Stipulation executed by both parries and witnessed by their respective legal counsel, the Custody hearing scheduled for April 5, 2007 is CANCELLED. It is hereby ORDERED and DECREED that the attached Stipulation of April 5, 2007 is hereby approved and made an ORDER of this Court. J. ,. Am IlIx" pow AMR, sal of slii0 can at cftle' pa a..., that month to be mutually selected by the parties in order to enjoy the extended weekend with the children. 5. Summer Schedule. The parties will share equally the summer break from school on an alternating week, or bi weekly basis, as agreed by the parties. The weeks shall begin and end on Sunday at 7:00 p.m. Not later than March 31 of each year, the parties shall submit proposed summer custody schedules to each other and work out the summer schedule and resolve summer scheduling issues. During Father's periods of summer custody, he shall provide proper supervision for the children when he is at work or away from home for a period of two or more hours. Neither party will leave the children alone in a public place without proper supervision. The summer visitation shall commence the first Sunday following the last day of school and extend until the Sunday before school begins. a. Summer church camp and technology conference: The parties shalt divide visitation over the summer months equally, provided, however, that Mother's weeks of summer custody shall include the two (2) weeks the children are participating in church camp and the National Technology Science Conference. Due to the fluctuation of the minor children's camp and conference, the parties agree to communicate with one another regarding when these activities are scheduled. The parties agree to allocate Father's weeks and Mother's weeks within thirty days of both parties receiving the information as to when the church camp and technology conference is to take place when determining the 3 summer visitation schedule for that year. The parties acknowledge that they may have to modify the weeks they each selected to have summer custody of the children if they learn of the summer camp and technology program dates after the summer week schedule has been established. b. In the event there are an uneven number of summer school vacation weeks, Father shall receive an extra week of summer custody. 6. Holidays. The parties will share holidays as follows: Holiday Even-Numbered Years Odd-Numbered Years Easter Father Mother Mother's Day Mother Mother Memorial Day Mother Father Father's Day Father Father July 4h Father Mother Labor Day Mother Father Thanksgiving Segment A Father Mother Thanksgiving Segment B Mother Father a. For Easter, Mother's Day, Memorial Day, Father's Day, July 4th, and Labor Day, the times run from 8:00 p.m. on the night before the holiday until 7:00 p.m. on the day of the holiday. b. Thanksgiving Segment A runs from Wednesday (Thanksgiving Eve) at 8:00 p.m. until Friday at 12:00 p.m. (noon). Thanksgiving Segment B runs from Friday at 12:00 p.m. (noon) until Monday at 7:00 p.m. C. Christmas and New Years Holidays: The parties agree to divide the Christmas and New Years holidays as follows: 1. In even numbered calendaryom Mother shall have custody of the children from'the last day of school in December until noon on December 25th, and 4 Q001/001 f the children from noon on December 25th until 7:00 p.m. .r shall have custody of the children from 7:00 p.m. on resumes in January of the new year. ?ered lo" ears Mother shall have custody of the if school in December until noon on December 25th, and the children, at his option, from either: cember 25th until 7:00 p.m. on December 27th and 5:00 ?ber 30th to 7:00 p.m. the evening before school starts in r m. on December 27th until 7:00 p.m. on January 1st. December 1st each odd numbered calendar year which +vill exercise his custody said year. In the event that ,ania on December 25th, he shall pick the children up at .nt he is not traveling to Pennsylvania, the transportation in this Stipulation. re custody of the children on Father's Day and Mother ilidren on Mother's Day from 8:00 p.m. the evening oliday. ays take precedence over the other provisions of this ies shall share transportation as follows: I months, the parties will meet at the McDonald's off s Exit on 1-83. Id's off :hiding % vernar'Rs party shall e presence serous above ?g the sthons :o the uring A possess iq polra +7i member. quests to ges. Nr. entry of ;ould .nee, but s of d e- 5 b. In odd-numbered months, the parties will meet at the McDonald's off the Shrewsbury Exit on 1-83. Father's and Mother's designees will be permitted to assist in transportation, including Father's girlfriend and his father. Both parties agree to exercise common sense if dangerous weather conditions exist that make transportation of the children at the times set forth above unsafe. The parties further agree that they will use reasonable discretion in modifying the times and locations for exchange if a situation warrants a modification. 9. Health Issues. The parties shall ensure that the children take all medications prescribed by the children's physicians, and shall supervise the children's adherence to the prescribed dosages. Father will not smoke, or allow others to smoke, inside his home during his periods of partial custody. Additionally, neither party will: a. Expose the children to tobacco smoke or other pollutants which could exacerbate their health and welfare. b. Smoke, or allow third parties to smoke, in the children's presence, including in a car or other vehicle. C. Expose the children to second-hand smoke in any places, including but not limited to restaurants. Both parties specifically agree to abide by any and all restrictions and recommendations of Andrew's treating physicians regarding his lung condition. 10. Contact with Children. Both parents shall enjoy reasonable telephone and e- mail contact with the children when they are in the custody of the other parent. 6 11. No Distwaagina Remarks. Neither party shall make any disparaging remarks regarding the other party in the presence of the children. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the children. 12. Prohibited Substances. During periods of custody, the parties shall not possess or use any controlled substance. They shall not consume alcoholic beverages to the point of intoxication. The parties shall assure, to the extent possible, that other household members and guests comply with this prohibition. 13. Schedule Changes. The parties shall confirm by e-mail all notices, requests to deviate from the schedule in this stipulation, and confirmation of schedule changes. No unilateral changes shall be made by email or otherwise. 14. Entry of Order. The parties shall present this stipulation to the Court for entry of an order incorporating its terms. Witness l "wo vnA. Grant' Michael E. Chambers 7 0410512007 TTiU 10:14 FAY 717 232 5098 ROBINSON & GERALDO 1i, tiu WayaMing Remarks. Neither party shall make any disparaging remarks regarding the other party in the presence of the children. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the children. 12. P?ohibited Wanm. During periods of custody, the parties shall not possess or use any OOntrr lled substance. a hw shall not consume alcoholic- beae;ages to ii{-a palm +7> "intoxication. The parties shall assure, to the extent possible, that ather household rrssmbeys and guests comply with this prohibition. 13. SchaWa Chanties. The parties shalt confirm by e-mail all notices, requests to deviate from tho schedule in this stipulations, and confirmafti3 of schedule changes. No unilateral changes shall be made by email or otherwise. 14. Enty Order. The parties shall present this stipulation to the Court for entm of -of an order incorporating its terrris, l: ynrr*. Grant ' Michael E. Chambers .T 7 Qooitooi > Jan 5, 2009 06:35:28 AM, mchambers@specifiedwoodworking.com wrote: > Ben called me yesterday to inform me that Andrew has a conformation class > retreat next weekend and that he has been scheduled to work next weekend as > well. I would like to have the boy the following weekend, and per the > custody agreement, since they have Monday the 19th off school I would like > to keep them thru Monday. We can resume alternating weekend starting with > next weekend. Please let me know if this is agreeable with you. > Thanks, > Mike Chambers > Estimating > Specified Woodworking Corporation > 9327A Washington Blvd. > Laurel, MD 20723 > 301-598-8200 ext. 12 > 301-598-8300 (fax) > mchambers@specifiedwoodworking.com EXHIBIT http://webmail.onecommunications.netlhorde/implmessage.php?actionlD=148&mailbox=I... 1/22/2009 > From, lynn grant [mailto:lynnkat65@veri.zonnet] > Sent: Monday, January 05, 2009 9:58 AM > To: mchambers@specifiedwoodworking.com > Subject: Re: next weekend > Mike, I assumed you were aware of Andrew's confirmation retreat. Don't you > get the emails? I know you did at one time. Andrew must attend this, as it > is part of confirmation. It runs from Friday at 5 p.m. til Sat, at 2 p.m. > As for Ben, he failed to notify the Giant of his visitation schedule, and > they accidently scheduled him for this weekend. Now it is too late for Ben > to have his schedule changed, without jeopardizing his job. > As for your request, no, that will not work, switching weekends. That would > interfer with my schedules, plans and other issues. You have known that > Andrew is involved with Confirmation for quite a while, and that there are > certain repsonsibilities with this and he must attend. As for Ben, I am not > involved with his scheduling at the Giant, as it is his job and his > responsibility to let them know when he is available. Now that he is > working, you will have to have some lee-way and realize that things like > this happen from time to time. You will have to remind Ben that he needs to > be more on top of his scheduling in regardsto your future visits. http://webmail.onecomrnunications.net/horde/implmessage.php?actionlD=148&mailbox=l... 1/22/2009 EXHIBIT 3 > > From: Lucretia Browning [mailto:I_,ucretia'U`fumchurch.com] > > Sent: Monday, January 05, 2009 4:57 PM > > To: 'Mike Chambers' > > Cc: pastormike@fumchurch.com > > Subject: RE: Andrew Chambers > > Dear Mike, > > Thank you for your email. The confirmation retreat is one which our > > 7th and 8th graders are invited to attend. During the experience of the 2 > > year confirmation process, we like for the confirmands to attend one of > our > > retreats. We have one in January (this weekend) and will have a day > retreat > > to Washington, DC on April 18. We find that the relationship piece is > > really helpful and we try to give information on both retreats that we > > believe are helping in understanding more about church commitment. > > I am aware that you guys are in a difficult situation, and we are > > willing to work with you as much as we can. I appreciate your contacting > > us. Take a look at schedules and see what works best for you. Blessings > to > > you in this new year. Lucretia > > From: Mike Chambers [mailto:mcbambers(cvspecifiedwoodwnrking.com] > > Sent: Monday, January 05, 2009 12:52 PM > > To: Lucretia@fumchurch.com > > Subject: Andrew Chambers - > > Good afternoon Lucretia, > > It been a long time since we've talked and I'm afraid we down seem to make > > it up there very often since moving to Maryland. I am writing you to get EXHIBIT > > clarification on the upcoming JH retreat. I was informed yesterday that > > Andrew is to attend the retreat as part of the conformation class. > Currently > > the custody order has Andrew and his brother Ben with us in Maryland every > > other weekend, which happens to coincide with the upcoming retreat, and > > needed to know if this is a requirement for the class. My wife and I are > > very supportive of Andrew's participation as we were with Ben, and feel > that > > it important the he completes the confirmation course. However thru out > the > > school year we currently have limited time to spend with the boys, and we > > have seen no willingness on the part of his mother to alter scheduled > > weekends in order to have Andrew in Mechanicsburg for conformation events. > > In addition to the contact information below, me cell phone # is > > 717.979.0121, and personal email is mchambersI4@comcast.net. > > Thanks, > > Mike Chambers > > Estimating > > Specified Woodworking Corporation > > 9327A Washington Blvd. > > Laurel, MD 20723 _ > > 301-598-8200 ext. 12 > > 301-598-8300 (fax) > > mhhambers@specifiedwoodworking.com htto:l/webmail.onecommunications.netlhorde/implmessage.php?actionID=148&mailbc)x=T t 01VIN)no Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA17011 Re: Lynn K. Grant v Michael E. Chambers Dear Mr. Gould: This letter is in reference to the above-mentioned matter, specifically referencing my client's visitation as outlined in the parties' agreement. According to paragraph 4(b) of the parties' stipulation, in the event the children have a three-day weekend from the school schedule, Mr. Chambers has the option to swap his regularly schedule weekend for that of the extended weekend. Mr. Chambers has notified your client of this intention to exercise that option in an email he sent this morning. Your client replied refusing to allow the change. Ms. Grant cites various reasons for refusing the swap in weekends, from Andrew's confirmation get- away to Ben's work schedule to interferences with her schedule and plans. First, my client contacted the church and received verification that Andrew could miss the get-away in order to spend time with his Father and it would not affect Andrew's participation in the confirmation class. There is a second retreat in April which Andrew can attend instead of the one later this month. A copy of the email correspondence is enclosed for your review. Second, it is two weeks from the time Mr. Chambers intends to exercise visitation over the extended weekend. Not only is that plenty of time to make changes to Ben's work schedule, but since the parties are following a Court Order, Ben's employer should have no problem accommodating the request to change is schedule. Lastly, though my client is sympathetic to Ms. Grant's issues with respect to any custody arrangements she may have with her second husband, Mr. Chambers is providing her with two weeks notice of his intention to exercise rights under paragraph 4(b) of their custody order. Please speak with your client regarding this matter and contact our office as soon as possible so that this matter may be resolved. If Ms. Grant ultimately refuses to allow the visitation, my client and I will proceed accordingly. Thank you for your attention to this matter. I look forward to hearing from you. Sincerely yours, cc: Michael E. Chambers JDW: jdw P. O. Box 5320 Harrisburg, PA 171105320 www.robinson-geraldo.oom ROBINSON & GERALDO By: 'k, LO Jaime Wassmer, Esquire 1 EXHIBIT H 2 Har (71 ( Fax Washington, D.C. 1316 Pennsylvania Ave., S. E. Washington, D.C. 20003 (202) 544-2889 Fax (202) 547-8342 January 5, 2009 Sent via facsimile only Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA17011 Re: Lynn K. Grant v Michael E. Chambers Dear Mr. Gould: This letter is a follow-up to both my January 5a` correspondence as well as the multiple conversations you and I had this week concerning Mr. Chamber's visitation. I still have not received any information as to whether Ms. Grant will allow my client visitation for this extended weekend, as outlined in the parties' custody agreement. Mr. Chambers notified your client of his intention to exercise the extended weekend option as early as January 5, 2009. Your client not only prohibited visitation on Mr. Chambers' normally scheduled weekend but also refused to allow visitation for this coming weekend, citing it conflicted with both her and the children's schedules, despite the visitation on the extended weekend being provided for in the agreement and the parties utilizing this provision since the agreement's entry in 2007. I forwarded a copy of the email to you from Andrew's pastor stating the retreat was not mandatory and Ben's work schedule could be rearranged since a Court Order dictates the children's visitation. If Ms. Grant does not agree to allow Mr. Chambers to exercise his visitation under the Court Ordered agreement by close of business today, I will proceed with filing a petition for contempt, which will include a request for counsel fees. Considering your client has-no basis for withholding visitation, I am confident our petition will be granted. Thank you for your attention to this matter. I look forward to hearing from you. Sincerely yours, ROB SON & GERAL )DO By: IdL-?c Jai e . Wassmer, Esquire cc: Michael E. Chambers JDW: jdw EXHIBIT Washington, D.C. P C Box 5320 1316 Pennsylvania Ave., S.E. Harrisburg, PA 17110-5320 Washington, D.C. 20003 www.robinson-geraido.com j (202) 544-2869 9 iQ Fax (202) 547-8342 January 16, 2009 01/16/2009 11:38 7177611974 THOMAS D COULD ESQ PAGE 02/04 ZE.MAIN STAW AT7URNCYATLAW ?i,r? ,a, •,a6f SHMMANSTOft. RA 17011 FAX 761-1971 January 16, 2009 JAIME, D. WASSMER, ESQUIRE ROBINSON & GERALDO 2505 NORTH FRONT STREET P.O. BOX 5320 HARRISBURG, PA 17110 Re: Lynn Grant & Michael Chambers Custody Your File No. 1565.004 Dear Attorney Wassmer: It is clear from your letter that Mr. Chambers feels strongly about his "right" to have his children come to his home in Maryland. I ask that he consider his children. As evidenced by the enclosed emails, Ms. Grant offered him alternatives since his regularly scheduled weekend had a conflict with his children's activities. It is important to remember that Mr. Chambers elected to move out of the area. The children have lived their entire life here and their activities are centered in this area. Mr. Chambers has always encouraged their involvement in activities. It would be helpful if he would reflect on his desires and the needs of his children. Ms. Grant again emphasizes that for the past eight years she has consistently encouraged that the children maintain a relationship with their father. To her recollection, she has not prevented or denied Mr. Chambers his time with the boys. In fact she has encouraged additional time. In the past, that extra time has not been "convenient". Ben is schedule off for the weekend of 23--25 and he and Andrew are looking forward to their time with their Dad. _ It is requested that Mr. Chambers reconsider his position on the need to file a Petition for Contempt. As we dfscussed,_my client would welcome mediation to address their different perspectives. It would benefit the children if their parents could learn to communicate in a non-adversarial manner. I look forward to Mr. Chambers' response and thank you for your continued cooperation and professionalism. Sincerely yours, Thomas D. Gould Cc. Lynn X. Grant EXHIBIT Sent via facsimile only Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA17011 Re: Lynn K. Grant v Michael E. Chambers Dear Mr. Gould: My client's primary thought and concern are and have always been his children. Because he no longer resides a few miles away, it is very important that Mr. Chambers and his children see each other and spend time together during their regularly scheduled visitation. I'm sure even your client would agree that it is important for children to have and maintain a relationship with father. My client does encourage the children to participate in various activities but his visitation should be sacrificed in order for the children to attend functions that are either not mandatory, as in the case of Andrew's retreat, or that can easily be rescheduled, as with Ben's work schedule. Mr. Chambers gave ample notice of his intention to exercise the extended weekend visitation. The parties have been utilizing their current custody agreement since 2007 and both aware of its provisions and are aware of whose weekend is coming up. My client was never contacted by Ms. Grant that his original weekend of January 9was not going occur. Ms. Grant had Ben call Mr. Chambers and then your client further stated Mr. Chambers would not have the extended weekend as well. That certainly is not behavior that encourages a relationship with the children's father. The decision whether to file a petition for contempt rests solely in your client. If she again decides to deny my client visitation with the children, Mr. Chambers will have no choice to seek Court intervention. Thank you for your attention to this matter. I look forward to hearing from you. Sincerely yours, R ON & GERALDO --- tQ By:_. Jai . Wassmer, Esquire t cc: Michael E. Chambers JDW: jdw EXHIBIT Washington, D.C. P. O. Box 5320 C 1316 Pennsykwia Ave., S. E. Harrisburg, PA 17110-6320 o Washington, D.C. 20003 www.robinson-Waido.com (202) 544-2889 Fax (202) 547-8342 1? ? .. fj Q,?_ a?? ? ` "'-0 -- _. ?? ? ? r ;.} ?. ? LYNN K. GRANT f/k/a IN THE COURT OF COMMON PLEAS OF LYNN CHAMBERS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL E. CHAMBERS, DEFENDANT 00-0997 CIVIL TERM ORDER OF COURT AND NOW, this 1=1r day of February, 2009, a Rule is entered against Lynn Grant to show cause why she should not be adjudicated in contempt of a custody order. Rule returnable at a hearing to be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 2:30 p.m., Thursday, February 19, 2009. Thomas D . Gould, Esquire ZF lain tiff e D. Wassmer, Esquire For Defendant sal 06rl'es ma? a/aloq By Edgar .,t.. ?. ?tj C : I J N' Z- 3J 6371 R v x.:; APR 0 ? 2008en LYNN K. GRANT, F/K/A IN THE COURT OF COMMON PLEAS OF LYNN K. CHAMBERS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 00-997 CIVIL ACTION - LAW MICHAEL E. CHAMBERS, IN CUSTODY Defendant Prior Judge: The Honorable Edgar B. Bayley COURT ORDER AND NOW, this 3d day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the A04day of , 2009 at ?: `??.m. At this hearing, the father shall be the moving party 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 April 5, 2007 shall remain in place. 3. Prior to the hearing scheduled above, the parties shall participate in co-parenting sessions arranged through legal counsel for the parties. If an agreement cannot be reached through legal counsel, the Custody Conciliator authority to select a resource to handle that matter, cc: Xmas D. Gould, Esquire ,.,?ime Wassmer, Esquire be contacted and has the ALN"I'' n '`'??l? CZ s I I WV £- 8dy 6002 3011 LYNN K. GRANT, F/K/A IN THE COURT OF COMMON PLEAS OF LYNN K. CHAMBERS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 00-997 CIVIL ACTION - LAW MICHAEL E. CHAMBERS, IN CUSTODY Defendant Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Benjamin A. Chambers, born August 12, 1992 Andrew M. Chambers, born December 19, 1994 2. A Conciliation Conference was held on March 26, 2009 with the following individuals in attendance: The mother, Lynn K. Grant, who appeared with her counsel, Thomas D. Gould, Esquire, and the father, Michael E. Chambers, with his counsel, Jaime Wassmer, Esquire. 3. The parties have had a custody evaluation and have been trying to resolve some issues but are at an impasse. Mother has had primary custody of the minor children for a period of time pursuant to an agreement of the parties. Father is now seeking primary custody of the younger child, Andrew. The parties are unable to agree at this time and the Conciliator recommends an Order in the form as attached. Date: Ll- 1 , 2009 Hubert X. Custody C LYNN K. GRANT f/k/a IN THE COURT OF COMMON PLEAS OF LYNN CHAMBERS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL E. CHAMBERS, DEFENDANT 00-0997 CIVIL TERM ORDER OF COURT AND NOW, this `?- day of April, 2009, the custody hearing currently scheduled for July 28, 2009, is cancelled and rescheduled to commence at 8:45 a.m., Wednesday, August 5, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas D. Gould, Esquire For Plaintiff Jaime D. Wassmer, Esquire For Defendant Edgar B. Bayley, sal C j U .! Cam LYNN K. GRANT/f/k/a IN THE COURT OF COMMON PLEAS LYNN CHAMBERS, CUMBERLAND COUNTY PENNSYLVANIA Respondent, V. NO. 2000-997 MICHAEL E. CHAMBERS, Petitioner. : CIVIL ACTION-CUSTODY ORDER OF COURT AND NOW, this 2"-dday of (;?? - '2009, it is hereby ORDERED and DECREED that the hearing date set previously scheduled for August 5, 2009 at 8:45 a.m. has been rescheduled to August 19, 2009 at 8:45 a.m.. BY T `COURT: FU r a r 6. 13Gty te_,j J. D' tribution: aime D. Wassmer, Esquire, 2505 North Front Street, Harrisburg, PA 17110, Attorney for Defendant '_?omas D. Gould, Lsq?uire, 2 East Main Street, Shiremanstown, PA 17011, Attorney for Plaintiff 026.1ex ry%1W1LQr'L ?(y(01 4 Jaime D. Wassmer, Esquire Robinson & Geraldo Attorney I.D. No. 200705 2505 North Front Street, 2' floor P.O. Box 5320 Harrisburg, PA 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax ksmull@a robinson-geraldo.co LYNN K. GRANT/f/k/a IN THE COURT OF COMMON PLEAS LYNN K. CHAMBERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, V. NO. 2000-997 MICHAEL E. CHAMBERS, Defendant/Movant. CIVIL ACTION- CUSTODY MOTION IN LIMINE AND NOW, comes the Defendant, Michael E. Chambers, by and through his attorney, Jaime D. Wassmer, Esquire, and respectfully represents the following in support of this motion: 1. Movant is Michael E. Chambers, Defendant in the above-captioned action. 2. Respondent is Lynn K. Grant f/k/a Lynn K. Chambers, Plaintiff in the above-captioned action. 3. On April 3, 2009 an Order of Court was issued by this Court requiring, inter alia, that the parties file Pre-Trial Statements five (5) days prior to the date of the scheduled custody hearing on August 19, 2009. 4. Attorney for Movant filed her Pre-Trial Statement on or about August 10, 2009 and provided a copy to attorney for Respondent. 5. Respondent faxed a copy of a Pre-Trial Statement on August 18, 2009, to Movant just before the close of business, but there is no indication that said Pre-Trial Statement was filed with the Court. 6. Attorney for Movant had attempted to contact Attorney for Respondent since Monday, August 17, 2009, to request that said Pre-Trial Statement be provided but had no response from Attorney for Respondent until she received said faxed Pre-Trial. 7. Respondent is in direct violation of the Court's Order of April 3, 2009 and should, therefore, be precluded from introducing any evidence by way of direct testimony or exhibits. WHEREFORE, Movant respectfully request this Honorable Court to preclude the introduction of any testimony or other evidence by Respondent. Respectfully submitted, ROBINSON & GERALDO Date:`R'11 t, DPI BY: Jai e . Wassmer, Esquire Attey I.D. No. 200705 2505 North Front Street, 2nd Floor P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Defendant A ., LYNN K. GRANT/f/k/a LYNN K. CHAMBERS, Plaintiff/Respondent, V. MICHAEL E. CHAMBERS, Defendant/Movant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-997 : CIVIL ACTION- CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Jaime D. Wassmer, Esquire, hereby verifies and states that: 1. She is the attorney of record for Defendant, Michael E. Chambers. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing Motion are known to her and not necessarily to his client. 4. The facts set forth in the foregoing Motion are true and correct to the best of her knowledge, information and belief. 5. She is aware that false statements here in are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 4? I B Jai assmer, Esquire Atto y I.D. No. 200705 2505 North Front Street, 2nd Floor P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Defendant CERTIFICATE OF SERVICE i- 1, Jaime D. Wassmer, Esquire, do hereby certify that on the I F day of August, 2009, I caused a true and correct copy of the Defendant's Motion in Limine to be served upon the following individual(s) by facsimile to: Thomas D. Gould 2 East Main Street Shiremanstown, PA 17011 Fax: 717-761-1974 ROBINSON & GERALDO BY Jaim . Wassmer, Esquire Atto ey I.D. No. 200705 2505 North Front Street, 2nd Floor P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Defendant OF llf F'po ; Iij-Nb1ARY 21109 AUG 19 Ali 9: 11 PENNSYLVAN A+ LYNN K. GRANT, IN THE COURT OF COMMON PL-TW11 PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAIA V. MICHAEL E. CHAMBERS, DEFENDANT 00-0997 CIVIL TERM AND NOW, this ORDER OF COURT '7-1 S- r day of August, 2009, IT IS ORDERED: (1) The complaint of Michael E. Chambers seeking primary physical custody of Andrew M. Chambers, born December 19, 1994, IS DENIED. (2) As to Andrew M. Chambers, the custody order of April 5, 2007, is amended as follows: (a) Paragraph 4, (a) and (b) is vacated and replaced with the following: (b) During each school year, the father shall have Andrew during successive twelve week periods of two weekends on and one weekend off; one weekend on and one weekend off; one weekend on and one weekend off; two weekends on and one weekend off; and one weekend on and one weekend off. The father's weekends shall start on Friday at 6:00 p.m. and end on Sunday at 7:00 p.m. unless Monday is a school holiday in which case the weekend shall end on Monday at 7:00 p.m. (c) Paragraph 5, (a) and (b) are vacated and replaced with the following: During each summer school vacation period, the father shall have Andrew during successive three week periods of two weeks on and one week off, with exchanges on Sundays at 7:00 p.m. (3) The schedule in Paragraph 6 as to Easter, Mother's Day, Memorial Day, Father's Day, Fourth of July and Labor Day, and Paragraphs 6 (a) and (d) are vacated. (4) As to Andrew, all other provisions in the custody order of April 5, 2007, shall remain in effect. ZThomas D. For Plaintiff Gould, Esquire aime D. Wassmer, Esquire For Defendant :sal I?p t ,Es wnb. I-LUL 81a r/oIT *"-?i By th-6-Court, Edgar B. Bayley, J. RLEL- C)TARY Ti- N 2009 AUG 21 Phi 12: U U CUi4" a <<z IiviY P ` +,ll INT Michael E. Chambers, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY PENNSYLVANIA NO. 2000-997 Lynn K. Grant, Defendant. CIVIL ACTION PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE Kindly enter the appearance of Kristopher T. Smull, Esquire, on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted: ROBINSON & GERALDO Date: J v a I _'G Kri pher T. ?rnull, Esquire Attorney I.D. No. 69140 2505 N. Front Street, 2nd Floor P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Kindly withdraw the appearance of Jaime D. Black, Esquire, on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted: Date: By: J im D. Black, Esquire A rney I.D. No.200705 1300 Market Street, Suite 10 Lemoyne, PA 17043 FILED SCE OF THE P 1-1r '\! IARY 2009 NOV 10 F 12: 0 2