HomeMy WebLinkAbout97-04959
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i.#Nov 0::; 1991 .: f
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J
JULIE DIANE LEHMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 97-4959
CIVIL TERM
DANIEL .lAMES MORTON, SR.
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDBR Of' CXXJRT
"..-
MD tol, this ~ clay of
upon consideration of t.he attached CUstody
ordered and directed as foll~ws:
VJ~ ,
Conciliation Report,
1997,
it is
1. The Mother, Julie Diane Lehman, and the Father, Daniel James
Morton, Sr., shall have shared legal custody of Jacob Devin Lehman, born
January 8, 1997.
2. Tho Mother shall have primary physical custody of the Child.
3. The E'ather shall have partial physical custody of the Child
beginning Sunday, November 2, 1997, every Sunday from 10:00 a.m. until 7:00
p.m.
4. The Father shall also have additional periods of physical
custody with the Child on weekday evenings as arranged by mutual agreement
of the parties. The Mother shall not unreasonably withhold consent to such
additional periodS of custody.
5. The parties shall share having custody of the Child on
holidays as follows:
A. Thanksgiving: In every year, the Father shall have custody
of the Child on Thanksgiving Day from 11:00 a.m. until 4:00
p.m. and the Mother shall have custody of the Child from 4:00
p.m. for the remainder of Thanksgiving.
B. Christmas: In every year, the Father shall have custody of
the Child on Christmas Eve from 10:00 a.m. until 8:00 p.m.
and the Mother shall have custody of the Child from 8:00 p.m.
on Christmas Eve through Christmas Day.
C. Father's Day/Mother'S Day: In every year, the Father shall
have custody of the Chfld on Father's Day and the Mother
shall have custody of the Child on Mother's Day.
D. The parties shall share or alternate having custody of the
Child on tho remaining holidays which are not adUresa8d in
this Order, as arranged by mutual agreement.
6. The Father shall not drink alcohol or use illegal drugs
within five (5) hours before and during periodS of custody with the Child.
.\
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II JULIE DIANE LEHMAN,
I Plaintiff
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VB.
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!N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. '/'1- 41ft (}~~~L
DANIEL JAMES MORTON, SR.,
Defendant
CIVIL ACTION - AT LAW
CUSTODY
I:
I'
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! captioned custody action, have been sued in court to obtain custody
ORDBR
You,
Daniel James
Morton,
Sr. ,
Defendant in the above- I
of the following childl
Jacob Lehman [DOB 1/8/97]
I You are ordered to appear in person at
II on the day of 1997,
at .M. for
I
a Conciliation or Mediation
I Conference.
a Pre-Trial Conference.
a Hearing before the Court.
If you fail to appear as provided by this Order, an Order for
I custody Dlay be entered against you, or the Court may issue a
warrant for your arrest.
! I 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
.1 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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OPPICB OP THB COURT ADMINISTRATOR
CUMBBRLAND COUNTY COURTUOUSB
ONE COURTHOUSB SQUARE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
,
II
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vs,
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I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
n'l_ '1'1 ,,'i t.w'...:Ir;~
No. -,
JULIB DIANB LBHMAN,
Plaintiff
DANIEL JAMES MORTON, SR.,
Defendant
CIVIL ACTION - AT LAW
CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, the Plaintiff, Julie Diane Lehman, by and through her
attorney, Jeanne B. Wigbels, Esquire, files this Complaint for
Custody against the Defendant, Daniel James Morton, Sr., and in
support thereof, avers the following:
1. The Plaintiff is Julie Diane Lehman, an adult individual ,
, and the natural Mother, who currently resides at 4B State Road, ,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant is Daniel James Morton, Sr., an adult
individual and the natural Father, who currently resides at 671
Willow Grovo Road, Carlisle, Cumberland County, Penneylvania 17013.
3. The Plaintiff seeks custody of the following childl
~ Present Addree, ~
I' Jacob Devin Lehman 4B State Road 8 mos.
Mechanicsburg, PA (1/B/97)
I
The child was born out of wedlock.
4. The child is presently in the custody of Plaintiff, Julie
Diane Lehman, the child's natural Mother, who currently resides at
48 State Road, Mechanicsburg, Cumberland County, Pennsylvar..ia
"
,
17055.
5.
Since bir.th, the child has resided with the following
"
persons at the following addresses I
~
Address
Dates
Julie Diane Lehman
I Peggy & Skip Lehman
(maternal grandparents of
48 State Rd.,
Mechanicsburg,
child)
PA
birth until
present
6. The natural Mother of the child is Plaintiff, Julie Diane
Lehman, who currently reside at 48 State Road, Mechanicsburg,
i
'i Cumberland County, Pennsylvania 17055.
7. The natural Father of the child is Defendant, Daniel
James Morton, Sr., who currently resides at 671 willow Grove Road,
Carlisle, Cumberland County, Pennsylvania 17013, with a roommate.
8. The Plaintiff has not par.ticipated as a party or witness,
or in another capacity, in other litigation concern~ng the custody
of the child in this or another court.
9. The Plaintiff has no information of a custody proceeding
concerning the child currently pending in any court of this
Commonwealth.
10. The Plaintiff does not know of a person not a party to
the proceedings, who has physical custody of the child or claims to
have physical custody or visitation rights with respect to the
child.
11. The best interests and permanent welfare of the child
will be served by granting the relief requested becausel
a). The Plaintiff will continue to provide the child with
a home with adequate moral, emotional, and physical
surroundings as required to meet the child's needs,
b), The Plaintiff is willing to continue cuetody of the child;
c). The Plaintiff continues to exercise parental duties
and enjoys the love and affection of the child.
d). The Defendant has a drug and alcohol problem and cannot be
trusted to provide for the basic needs of the child.
e.) The Defendant reside II with a convicted felon and drug
addict and has himself been in and out of rehabilitation
centers. The Defendant has not demonstrated an ability to
remain drug and alcohol free.
12. Each parent whose parental rights to the child have not
I: been terminated has been named as a party to this action.
No other
personll are known to have or claim a right to custody or visitation
of the child.
WHEREFORE, the Plaintiff respectfully requests this Honorable
Court to enter an Order granting custody of the child to the I
Plaintiff and natural Mother, Julie Diane Lehman, in accordance
with any Stipulation of the parties, or in the event the parties
are unable to execute such a Stipulation, to enter an Order
granting custody, partial custody, or visitation of the child to
the Plaintiff.
Respectfully submitted I
DATED I
1~ (1f
( ,I~
ilrj,1.t.1 f) ?~
Jea e B. Wigbels, Esquire
Law Offices of Patrick F. Lauer, Jr,
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
PA Supreme Ct. ID No. 68735
Phonel (7l7) 763-1800
ATTORNEY FOR PLAINTIFF
:1
JULIE DIANE LEHMAN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
II I
I VB, I No.
I
DANIEL JAMES MORTON, SR. , I CIVIL ACTION - AT LAW
Defendant I CUSTODY
VERIFICATION
I, Julie Diane Lehman, state that I am the Plaintiff in the I
t! above-captioned case and that the facts set forth in the above I
, Complaint for Custody are true and correct to the best of my
knowledge, information, and belief.
I realize that false
statements herein are subject to the penalties for unsworn
falsification to authorities under 18 Pa, C.S, S 4940.
'\
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( , ~ I) Ii,
!__-,uJ.U J I" , ( \L"
_ { u.r\.t
Ju e Diane Lehman
. DATED.
q I L /11-
,
I,
..
JULIE DIANE LEHMAN,
Plaintiff
IJ
.If'
I
IN THE COURT OF ~~EAS OF
: CUMBERLAND COUNT.', PENNSYLVANIA
- 8 r;:"
:
vs.
NO. 97-4959
CIVIL TERM
DANIEL JAMES MORTON, SR.
Defendsnt
: CIVIL ACTION - LAW
: IN ctlsrooy
aUJBR or CXXJRT
AND tOI, this !t.;J.- day of
upon consideration of the attached CUstody
ordered and directed as follows:
AA~ , 1997,
Conciliation Report, it is
1. The Mother, Julie Diane Lehman, and the Father, Daniel James
Morton, Sr., shall have shared legal custody of Jacob Devin Lehman, born
January 8, 1997.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have purtial physical custody of the Child
beginning Sunday, Novent>er 2, 1997, every Sunday from 10:00 a.m. until 7:00
p.m.
~
4. The Father shall also have additional periods of physical
custody with the Child on weekday evenings as arranged by mutual agreement
of the parties. The Mother shall not unreasonably withhold consent to such
additional periods of custody.
5. The parties shall share having custody of the Child on
holidays as follows:
A.
ThanksgiVi~: In every year, the Father shall have custody
of the Chi d on Thanksgiving Day from 11:00 a.m. until 4:00
p.m. and the Mother shall have custody of the Child from 4:00
p.m. for the remainder of Thanksgiving.
B.
Christmas: In every year, the Father shall have custody of
the Child on Christmas Eve from 10:00 a.m. until 8:00 p.m.
and the Mother shall have custody of the Child from 8:00 p.m.
on Christmas Eve through Christ~s Day.
D.
Father's Day/Mother's Day: In every year, the Father shall
have custody of the chfld on Father's Day a~ the Mother
shall have custody of the Child on Mother's Day.
The parties shall share or alternate having custody of the
Child on the remaining holidays which are not addressed in
this Order, as arranged by mutual agreement.
C.
6. The Father shall not drink alcohol or use illegal drugs
within five (5) hours before and during periodS of custody with the Child.
EKHt61 T
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DC T 2 R 1999.~
~.
DANIEL JAMES MORTal, SR.,
Petitioner
IN THE COURT OF ~ PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
NO. 97-4959 CIVIL TERM
JULIE DIANE LEHMAN,
Respondent
CIVIL ACTION - LAW
IN CUSTODY
CIU>BR
AND 101, this --z.1 day of
upon consideration of the attached Custody
ordered and directed as follows:
C]L;~ , 1999,
Conciliation Report, it is
1. The prior Order of this COUJ:"t dated NovembeJ:" 5, 1997, is vacated
and replaced with this ordeJ:".
2. The FatheJ:", Daniel James MOJ:"ton, SJ:"., and the MotheJ:", Julie Diane
Lehman, shall have shaJ:"ed legal custody of Jacob Devin Lehman, bot"n January
8, 1997.
3. The Mother shall have pJ:"imary ~ysica1 custody of the Child.
4. The Father shall have paJ:"tia1 physical custody of the Child in
accordance with the following schedule:
Fran SatuJ:"day, 10/23/99 at 9:00 a.m. thJ:"ough Sunday, 10/24/99 at
7:00 p.m.
On Sunday, 10/31/99 from 10:30 a.m. until 7:00 p.m.
(11/06/99 thJ:"ough 11/07/99 MotheJ:"'s weekend).
From Saturday, 11/13/99 at 9:00 a.m. thJ:"ough Sunday, 11/14/99 at
7:00 p.m.
(11/20/99 thJ:"ough 11/21/99 MotheJ:"'s weekend).
(11/27/99 thJ:"ough 11/28/99 MotheJ:"'s weekend).
From Saturday, 12/04/99 at 9:00 a.m. through Sunday, 12/05/99 at
7100 p.m.
On Sunday, 12/12/99 from 10:30 a.m. until 7:00 p.m.
(12/18/99 through 12/19/99 Mother's weekend).
From Saturday, 12/25/99 at 3:00 p.m. through Sunday, 12/26/99 at
7100 p,m. (In addition to the Father's period of holiday CUlltody
on Christmas Eve).
On Sunday, 1/02/00 from 10:30 a.m, until 7:00 p.m.
..
(1/08/00 through 1/09/00 Mother's weekend).
Fran Saturday, 1/15/00 at 9:00 a.m. through Sunday, 1/16/00 at
7:00 p.m.
5. Thereafter, beginning on Saturday, January 22, 2000 the Father
shall have custody of the Child on an ongoing basis on alternating weekends
from Saturday at 9:00 a.m. through Sunday at 7:00 p.m. and on every
Tuesday, beginning January 25, 2000 from between 5:45 p.m. and 6:00 p,m.
through 8:00 p.m.
6. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody. The parties shall
exchange custody of the Child at their residences except when the Father is
pIcking up the Child on Sunday morning at 10:30, in which case he shall
pick up the Child at the Big Springs United Methodist Church.
7. The parties shall share having custody of the Child on holidays as
follows:
A. anuS'l'MAS: In every year, the Father shall have custody of
the Child on Christmas Eve from 10:00 a.m. until 8:00 p.m. and
the Mother shall have custody of the Child from 8:00 p.m. on
Christmas Eve through Christmas Day (at 3:00 p.m. when
Christmas Day falls on the Father's regular weekend period of
custody) .
B. TIlANRSGIVING: In every year, the Mother shall have custody of
the Child on Thanksgiving Day from 11:00 a.m. until 4:00 p.m.
and the f'ather shall have custody of the Child from 4:00 p.m.
through 9:00 p.m.
C. EllSl'm: The party who otherwise has custody of the Child
under the regular schedule on Easter shall have custody of the
Child for the holiday, with the exception that the Mother
shall have custody of the Child in every year on Easter Sunday
for the limited purpose of taking the Child to church.
D. FATIIER'S ~Y/MCf1'HER'S MY: In every year, the Father shall
have custody of the Child on Father's Day and the Mother shall
have custody of the Child on Mother's Day.
E. MI!MaUAL MY/LABCR DAY: In the event Memorial Day and/or
Labor Day fall irrmediately following the Father's regular
weekend period of custody, the Father shall have custody ;)f
the Child through the Monday holiday at 7:00 p,.m.
8. The Father shall not drink alcohol or use illegal drugs within 24
hours before and during periods of custody with the Child. The Father
shall also take all reasonable steps to ensure that anyone who has contact
with the Child during his period of c:ustody does not drink alcohol or use
illegal drugs.
9. The Father shall provide a minimum of 24 hours advance notice to
'r -.--.-..,. ". "
.'
DANIEL JAMES MOR'l'Ctl, SR., . IN THE COURT OF CCX>IMOO PLEAS Of'
.
Petitioner . CUMBERLAND caINTY, PENNSYLVANIA
.
.
,
vs. . NO. 97-4959 CIVIL TERM
.
.
.
JULIE DIANE LEHMAN, ~ CIVIL ACTIal - LAW
Respondent : IN CUS'roDY
aJ!l'lmr <XIICILIATIai SlMIARY RBPCRl'
IN ACXXlUWlCB W1'l'II <DlBBRLAND cxumr RlJLB (6 CIVIL IW:'~'U
1915,3-8, the undersigned CUstody Conciliator submits the following report:
1. '!he pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAMB
MTB OIl' BIRTII
Jacob Devin Lehman
Mother
CUlRI!INTLY IN aB1'CDlC (6
3.
Date
(')u.bu dJ fer'! 9
I
January 8, 1997
2. A Conciliation Conference was held on October 20, 1999, with the
fOllowing individuals in attendance: The Father, Daniel James Morton, Sr"
with his counsel, Paul B. Orr, Esquire, and the Mother, Julie Diane Lehman,
with her counsel, Matthew J. Eshelman, Esquire.
'!he parties agreed to entry of an Order in the form as attached.
~~~
Dawn S. Sun ay, E8qu re ,
CUstody Conciliator
,..- .~......- ,.".-...-- ..
DANIBL JAMES MOR~ON, SR.,
Plaintiff/Respondent
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
VB.
I No. 97 - 4959 CIVIL TERM
I
JULIB DIANE LEHMAN,
Defendant/Petitioner
CIVIL ACTION - AT LAW - CUSTODY
PREVIOUSLY ASSIGNED TO: J.BAYLEY
ORDBR OF COURT
AND NOW, this ;1/]. I. j,. V , upon consideration of the
--.:.!j"":' I
att.ched Petition, it is hereby directed that the parties and their
'--- '/ /
reBpective counsel appear before / .?n.J.\.' S )-.....~"J. ~<; 'i ' the
conciliator, at"'! ILl It/AI.V S' 1 rl(/'o./..u...it" 5t1i.1<1 ' on the
lr)\-h day of }\h'le 2000, at ..lJ;O') A.M., for a
prehearing 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 child/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: ,.'-~ (. S:.-..i~
C stody concililltoI(J(ct-D
The court of Common Ple.. of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information sbout
acoe..ible facilitiea and reasonable accoD1Dlodations available to dieabled
indivi~uals havinq business before the court, please contact our office. All
arranqsments must bs made at least 72 hours prior to any hearinq or busine.s
befors the enurt. You must attend the Icheduled conference or hearinq,
YOU SBOULD TAD THIS PAPIIR TO YOUR LAIfYBR AT OIlC.. II' YOU DO 1I0'l' RAVJI A LAIfYD
OIl CAIIIIO'l' AJ'J'01lD OIQ. GO TO oa 'l'BLIIPSOIlll TO OIl'J'IC. sn FORTH IlJlLOlf TO rIIlD 0U'1'
WIDIU YOU CAll GIlT LBGAL BIILP.
CUJIIIBRLA.IID COUIlTY BAR ASSOCIATIOII
TWO LIURTY AYBIlu.
CARLISLIi, PA 17013
(717) 249-3166
~
DANIBL JAMBS MORTON, SR"
Plaintiff/Respondent
vs.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I No. 97 - 4959 CIVIL TERM
.
.
JULIE DIANE LEHMAN,
Defendant/Petitioner
CIVIL ACTION - AT LAW - CUSTODY
PREVIOUSLY ASSIGNED TOI J.BAYLEY
PETITION FOR MODIFICATION OF A PARTIAL
CUSTODY OR VISITATION ORDER
The Petitioner, Julie D. Lehman, through her attorneys, The
Law Offices of Patrick F. Lauer, Jr., files this Petition for
Modification of a Partial Custody or Visitation Order against the
Respondent, and in support thereof, avers the following:
1. The petition of Julie D. Lehman respectfully represents
that on October 27, 1999, an Order of Court was entered for Partial
Custody, a true and correct copy of which is attached.
2. This Order should be modified because:
a. The Respondent has failsd to exercise a single
Tuesday evening visitation period since the advent of the
Order, despite Mother's strongly expressed concern at the last
conciliation conference that Respondent would, indeed, not
follow through with Tuesday visitations.
b. Respondent has failed to provide the minimum 24
hours advance notice for even one of those missed Tuesday
evening visitations, despite Mother's strongly expreased
concerns at the last conciliation conference that her schedule
would be greatly effected by Respondent's requests.
c. Respondent has knowingly engaged in a course of
conduct and repeatedly committed acts toward Mother and
others, including following Mother, without proper authority,
under circumstances which place Mother in reasonable fear of
bodily injury; for which reason, the location of the exchange
of custody should be changed to the State Police Barracks in
Carlisle, Pennsylvania.
WBBRBPORB, Petitioner requeete that the Court modify the
exieting Order tor Partial Cuetody becaue. it will be in the beet
int.reet of the child.
Date.
Reepe 1y eUbmitted,
I':L
I Ic'. .--
MattH w J, Sehe1man, Bequire
2108 Mark.t Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID' 46430 Tel, (717) 763-1800
DANIEL JAMES MORroN, SR.,
Petitioner
vs.
: IN THE CXllJRT OF CXX>II'-1OO PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO, 97-4959 CIVIL TERM
.
.
JULIE DIANE LEHMAN,
Respondent
: CIVIL ACTION - LAW
IN CUSTODY
~
AND to, this ~ "I day of
upon collo!lideration of the attached custody
ordered and directed as follows:
<<1l .fj,~ , 1999,
con~niat'1'on Report, it ia
1. The prior Order of this Court dated November 5, 1997, io vacated
and replaCed with this Order.
2. The Father, Dllnie1 James Morton, Sr., and the Mother, Julie Diane
Lehman, shall have shared legal custody of Jacob Devin Lehman, born January
8, 1997.
3. 'ltIe Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child in
accordance with the following schedule:
Fran Saturday, 10/23/99 at 9:00 a.m. through Sunday, 10/24/99 at
7:00 p.m,
On Sunday, 10/31/99 from 10:30 a.m. until 7:00 p.m.
(11/06/99 through 11/07/99 Mother's weekend).
Fran Saturday, 11/13/99 at 9:00 a.m. through Sunday, 11/14/99 at
7:00 p.m.
(11/20/99 through 11/21/99 Mother's weekend).
(11/27/99 through 11/28/99 Mother's weekend).
Fran Saturday, 12/04/99 at. 9:00 a.m. through Sundey, 12/05/99 at
7:00 p.m.
On Sunday, 12/12/99 from 10:30 a.m. until 7:00 p.m.
(12/18/99 through 12/19/99 Mother's weekend).
From Saturday, 12/25/99 at 3:00 p.m. through Sunday, 12/26/99 at
7:00 p,m. (In addition to the Father's period of holiday CWItoCly
on Christmas Eve).
On Sunday, 1/02/00 frCllll 10:30 a.m. until 7:00 p.m.
(,t~
(1/08/00 through 1/09/00 Mother's weekend).
From Saturday, 1/15/00 at 9:00 a.m. through Sunday, 1/16/00 at
7:00 p.m.
5. Thereafter, beginning on Saturday, January 22, 2000 the Fsthel:'
shall have custody of the Child on an ongoing basis on alternating weekends
from Saturday at 9:00 a.m. through Sunday at 7:00 p.m. and on every
Tueeday, beginning January 25, 2000 from between 5:45 p.m. and 6:00 p.m.
through 8:00 p.m.
6. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody. The parties shall
exchange custody of the Child at their residences except when the Father is
picking up the Child on sunday morning at 10:30, in which case he shall
pick up the Child at the Big Springs United Methodist Church.
7. The parties shall share having custody of the Child on holidays as
follows:
A.
aJR.ISDIAS: In every year, the Father shall have custody of
the Child on Christmas Eve from 10:00 a.m. until 8:00 p.m. and
the Mother shall have custody of the Child from 8:00 p.m. on
Christmas Eve through Christmas Day (at 3:00 p.m. when
Christm\s Day falls on the Father's regular weekend period of
custody) .
B.
1'IWIkSGIVING: In every year, the Mother fl:lall have custody of
the Child on Thanksgiving Day from ll:OC a.m. until 4:00 p.m.
and the Father shall have custody of the Child from 4:00 p.m.
through 9:00 p.m.
8AS'l'!a: The party who otherwise has custody of the Child
under the regular schedule on Easter shall have custody of the
Child for the holiday, with the exception that the Mother
shall have custody of the Child in every year on Easter. Sunday
for the limited purpose of taking the Child to church.
c.
D.
FATIIBR'S ~~'S DAY: In every year, the Father shall
have custody 0 the ChTId on Father's Day and the Mother shall
have custody of the Child on Mother's Day.
flIlIICIUAL ~~ DAY: In the event Memorial Day and/or
Labor Day fall immediately following the Father's regular
weekend period of custody, the Father shall have custody of
the Child through the Monday holiday at 7:00 p.m.
8. The Father shall not drink alcohol or use illegal drugs within 24
hour. befon and during periods of custody with the Child. The Father
shall alae take all reallOnable steps to ensure that Illlyone who has contact
with the Child during his period of custody does not drink alcohol or UN
illolgal drugs.
E.
9. The Father shall provide a minimum of 24 hours advance notice to
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APR 2 5 lOOt>
DANIEL JAMES ~, SR.,
petitioner
: IN THE CXlURT OF cnlMOO PLEAS OF
: CUMBERLAND COUN'l'Y, PENNSYLVANIA
.
.
vs.
: NO. 97-4959 CIVIL TERM
.
.
~
JULIE DIANE LEIIMAN,
. Respondent
: CIVIL ACTIOO - LAW
: IN CUSTODY
ClU)ElR
AND tol, this ~? dIIy of ftu,-U...,~ , , 1999,
upon c:onaideration of the attached CUlltody c~rii~ti~ Repot"t, it is
ordered and directed u followll:
1. The prior Order of this Court dated Noverrber 5, 1997, is vacated
and replaCed with this arctr.
2. The Fether, Daniel Jamell Morton, St"., and the Mothet", Julie Diane
Lehman, shall have shared legal CUIltody of Jacob Devin Lehman, born January
8, 1997.
3. The Mother shall have primary phYllica1 CUlltody of the Child.
4. The Father shall have partial physical cuatody o! the Child in
accordance with the following llChedu1e:
Fran Saturday, 10/23/99 at 9:00 a.m. tht"ough Sunday, 10/24/99 at
7:00 p.m.
Q'l Sundlly, 10/31/99 ft"an 10:30 a.m. until 7:00 p.m.
(11/06/99 through 11/07/99 Mothet"'1l weekend).
Fran Saturday, 11/13/99 at 9:00 a.m. tht"ough Sunday, 11/14/99 at
7:00 p.m.
(11/20/99 through 11/21/99 Mother'll weekend).
(11/27/99 through 11/28/99 Mother'll weekend).
Fran Saturday, 12/04/99 at 9:00 a.m. through Sunday, 12/05/99 at
7:00 p.m.
Q'l SUndlly, 12/12/99 fran 10:30 a.m. until 7:00 p.m.
(12/18/99 through 12/19/99 Mother's weekend).
Fran Saturday, 12/25/99 at 3:00 p.m. through Sunday, 12/26/99 at
7:00 p.m. (In addition to the Fathet"'s pedod of hol1d11y CUAltody
en Christmaa Eve).
Q'l Sunday, 1/02/00 ft"an 10:30 a.m. until 7:00 p.m.
j
EXfI[BlT "Q"
(1/08/00 through 1/09/00 Mothet"'s weekend).
Fran Saturday, 1/15/00 at 9:00 a.m. tht"ough Sunday, 1/16/00 at
7:00 p.m.
5. Thllreattet", begiMing on Saturday, January 22, 2000 the Fathet"
ahal1 have custody of the Child en an ongoing basis on alternating weekends
f!:"an Saturday at 9:00 a.m. tht"ough Sunday at 7:00 p.m. and on every
'1'ulIllday, begiMing January 25, 2000 fran between 5:45 p.m. and 6:00 p.m.
through 8:00 p.m.
6. The party receiving CUIltody of the Child shall be responaib1e to
pt"ovide tranapot"tation for the exchange of custody. The parties shall
exchange cust~. of the Child at their residencell except when the Fathet" ill
picking up the Child on Sunday morning at 10:30, in which case he shall
pick up the Child at the Big Springs United Methodist Church.
7. The parties shall shat"e having CUlltody of the Child on holidays as
follows:
A. aIRIS.rMAS: In every year, the Fathet" shall have CUIItody of
the Child en Christmas Eve ft"an 10:00 a.m. until 8:00 p.m. and
the Mothet" shall have custody of the Child f!:"an 8:00 p.m. on
Christmas Eve through Christmas Day (at 3:00 p.m. when
Christmas /:ley falls on the Father's regular weekend pedod of
custody) .
B. '1'IWlItSGIVING: In every year, the Mothet" shall have CUlltody of
the Child en 'l'hanJcsgiving /:ley frem 11:00 a.m. until 4:00 p.m.
and the Father shell have CUIltody of the Child frem 4:00 p.m.
through 9:00 p.m.
C. BA9D!R: The party who othet"Wise has custody of the Child
under the regular schedule on Easter shall have custody of the
Child for the hol1day, with the exception that the Mother
shall have custody of the Child in eve!:"y year on Easter Sunday
for the limited puqlOSe of taking the Child to church.
D. rM'l!llR's DAY/k1~'S DAY: In every year, the Father shll.11
have cuatody of the Child on Father 'Il /:ley and the Mothet" shall
ha~ custody of the Child on Mother's Day.
E. JlI!IlCIUAL DAYj'[.AIl(E DAY: In the event Memot"ia1 /:ley and/or
Labor Day fall immediately following the Father's t"egu1ar
weekend period of custody, the Fathet" shall have CUlltody of
the Child through the Monday hol1day at 7:00 p.m.
8. The Father:' shall not drink alcohol or UIle illegal drugs within 24
hours before and during periods of custody with the Child. The Father
ahall 6110 take all reasonable steps to ensure that anyone who has contact
with the Child during his period of CUlltody does not drink alcohol ot" use
illegal drugs.
9. The Father shall provide a minimum of 24 hours advance notice to
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DANIEL JAMES MORTON, SR.,
plaintiff/Respondent
IN THE CXXJRT OF OOMMOO PLEAS OF
: CUMBERLAND COONTY, PENNSYLVANIA
.
.
:
vs.
: NO. 97-4959 CIVIL TERM
.
.
JULIE DIANE LEHMAN,
Defendant/Petitioner
: CIVIL ACTION - LAW
IN CUSTODY
.
.
aulIlR Of' CXXJRT
AND tol, this 'ti- day of Jl..L\J~/ - , 2000, upon
consideratien of the attached Custody con<!'l.ltation Repot"t, it is ot"det"ed
and directed as follows:
1. The prior Order of this Cout"t dated October 27, 1999 is vacated
and replaced with this Ordet".
2. The Father, Daniel J. Mot"ton, Sr., and the Mother, Julie D.
Lehman, shall have shared legal custody of Jacob Devin Lehman, born January
8, 1997. Each parent shall have an equal right, to be exet"c1aed jointly
with the other parent, to make all majot" non-emergency decisions affecting
the Child's general well-being including, but not limited to, all decisions
regarding hill health, education and t"e1igion.
3. The Mothet" shall have primary phYllical custody of the Child.
4. The E'athet" shall have pat"tia1 physical custody of the Child on
alternating weekends from Saturday at 9:00 a.m. tht"ough Sunday at 7:00 p.m.
The Father: shall also have custody of the Child dudng the Mother's
weekends on sunday frem 10:30 a.m. until 7:00 p.m. subject to the Mother's
right to exet"c1REl a full weekend period of custody up to 1 time per month
upon providing 24 hours advance notice to the Father.
5. The party receiving custody of the Child Ilhall 1:e responsible to
provide transportation fot" the exchange of custody with the exception of
the Fathet"'s Sunday periods of custody for which the Father shall pick up
1:he Child at the Big Spdngs United Methodist Church. with the exception
of the exchange of custody at the Big Spt"ings United Methodist Church, all
exchanges of custody shall take place at the Cat"lis1e State PoliCe
Barracks. Both parties shall ensut"e that any third pIIt"tiea who accanpany
them to the place of exchange shall remain in the car.
6. The parties Ilha11 share having custody of the Child on holidays as
follows:
A. atRISDlAS: In every year, the Father shall have custody of
the Child on Christmas Eve ft"ODl 10:00 a.m. until 8:00 p.m. and
the Mother shall have custody of ':he Child from 8:00 p.m. on
Christmas Eve through Cht"istmas Day (at 3:00 p.m. when
Christmas Day falls on the Father's regular weekend period of
custody) .
B. '1'tIANKSGIVDlG: In every yeat", the Mother shall have custody of
the Child en Thanksgiving Day ft"om 11:00 a.m. until 4:00 p.m.
and the Father shall have custody of the Child ft"om 4:00 p.m.
through 9:00 p.m.
C. BASTI!R: The pat"ty who othet"WiBe hall custody of the Child
under "the t"egu1ar schedule on Easter shall have custody of the
Chilci for the holiday, with the exception that the Mother
shall have CUlltody of the Child in every yeat" on Easter Sunday
for the limited purpose of taking the Child to church.
D. rM'III!R's MY/MC71'HI!R'S MY: In every yeat", the Father shall
have custody of the Child on Fathet"'s /:ley and the Mother shall
have custody of the Child on Mothet"'s Day.
E. MDlCIUAL MY~ MY: The Fathet" shall have custody of the
Child eve!:"y year en Memot"1a1 Day fran 9:00 a.m. until 7:00
p.m. In the event Memot"1al Day illlllecliately follows the
Father's t"egu.1at" weekend period of custody, the
t"egular/ho1iday pet"iod of custody shall run continuously
without interruption. The Mothet" Ilhall have custody of the
Child every year on Memot"1a1 Day.
7. The Father shall not drink alcohol or use illegal drugB within 24
hours before and during periodS of custody with the Child. The Father
shall ensure that third parties who have contact with the Child during the
Father's periodll of custody do not drink alcohol or UIle illegal drugs.
8. The Father shall provide a minimUl1 of 24 hours notice to the
Mother in the event he is not able to be present for a scheduled period of
custody .
9. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Confet"ence. The pIIt"ties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the t:erma
of this Order shall control.
BY THE CXlURT,
/
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Gregory L. Cutler, llIIquire - COunsel for Father
Matthew J. Ilahelman, llIIquire - COunsel for Mother
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