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HomeMy WebLinkAbout01-0846 FX .,~ ',."'.- "_'E,AJ~ ' ' ".-,,_I-<l; I '0: ~ "'-'~,',-,,', I~"-"~_'~' ._,,-,.;..~,',-_ " "'-n.>'~ . . , . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF CHERYL L. LEMMON, . Plaintiff VERSUS . MATTHEW S. LEMMON . Defendant . . AND NOW, DECREED THAT PENNA. NO. 01-846 Civil Tp:rm DECREE IN DIVORCE 1"", I/~ 2001 ,IT IS ORDERED AND CHERYL L LEMMON , PLAINTIFF, AND MATTHEW S. LEMMON , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISE:D OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE . . 4: t~ J. . . PROTHONOTARY . . "~, ,', . . . . . . . . . . . . . . . . . -, ..-, ',< "" ',' , , f_"' Lll !i,1'...i!:i!i>' s CHERYL 1. LEMMON, Plaintiff : TIffi COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-846 CIVIL TERM MATTHEW S. LEMMON, Defendant : CIVIL ACTION -AT LAW : CUSTODY ORDER OF COURT AND. NOW, this day of , 2004, upon consideration of Defendant's Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear at before , the conciliator, on the day of , 2004, at .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 defme 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to the scheduled conference. FOR THE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 TIDS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2-Liberty Avenue Carlisle, P A 17013 (717) 249-3166 r -",-" ,-, ~ - '." - _0 "'- _""'0" ",-',ri__' ."""""".",,,,~,,,,,~,,. <,--, ill "iii"",", CHERYL L. LEMMON, Plaintiff VS. : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 01- J''1(' <:..ivJ. Iv- : IN DIVORCE MATTIIEW S. LEMMON, Defendant NOTTrE TO DEFEND ANn n ATMRTGHT~ You have bt:en sued in court. If you wish to defend against the claims set forth in the following pages, you must take pnompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may . lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIIE RIGHT TO CLAIM ANY OF TIIEM. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 .'" '-0""'"'.1.;.."<,, 'Co, ' ',,- ",,~,-'~ ',- ,',,-",,~" v-~" .i~ , CHERYL L. LEMMON, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 01- ~<{(, CWcJ I~ : IN DIVORCE MATTHEW S. LEMMON, Defendant COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. Plaintiff is CHERYL L. LEMMON, who currently resides at 131 Andrew Court, Carlisle, Cumberland County, Pennsylvania since June 15, 2000. 2. Defendant is MATTHEW S. LEMMON, who currently resides at 131 Andrew Court, Carlisle, Cumberland County, Pennsylvania since June 15,2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 29, 1989 at Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to ,,- 1]" tff;! request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. r7 ..f ~..,,~ /,.. .~ ~ t'!Iv~A/: '~n:L.~l7i'. Cheryl L. Lemmon, P aintiff Date: ~t14/ / .' ail~ ~~kf!~ Anthony L. DeLu squire Attorney for Plaintiff ,~"~ . ."'~""'--~ ,,"" "'tiC"-:' ~iiIl'W !l;,.k , CHERYL L. LEMMON Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVlL ACTION - LAW VS. MATTIlEW S. LEMMON, Defendant : NO. 01-846 CIVlL TERM : IN DIVORCE AFFmAVTT OFMAlT.TNG COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND Anthony L. DeLuca, attorney for Plaintiff, being duly sworn according to law, says that he mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in Divorce under Section 3301 (c) of the Divorce Code to the Defendant at his residence and that Defendant did receive same, as evidenced by the signed receipt attached hereto as Exhibit "A". By ~~~~~ 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 (717) 258-6844 Sworn to and subs:;'p'bed before me this ~S-C1ay ofr ,200l. ~~ a -dP~Xu.,,~ otary Public N01ARIAL SEAL . MARJORIE A. DeLUCA. Nota~ Public South Middleton lwp., Cumber1and20gg' M Com'mission Ex res Nov. . --~~-,""""""",__\!/iHl~~Jtljill!l; ~-_-..o ~J" .' , ~. ,,~--~ Complete 'items 1 ~ 2, 'Enid ,3. Also complete item 4 if Restricted Delivery is desired. . Print your name and;address on the reverse so that we caR retu.r,n .the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. . AnicleAdd~ to: /lJl'f7T)",a) [; Le/J1/1tC1lv ,AN /J-ltd,eeaJ a~T I . ~ {1M!, 5: lei jJ A-- /7t?/,g . Is delivery address ifferent from item 1? If YES, enter delivery address below: 3. Se Type Certified Mail o Registered o Insured Mail D Agent Ild1fddressee Dyes DNa , . o Express Mail , o Return Receipt for Merchand'ise DC.D.D. 4. Restricted Delivery? (Extra Fee) ~. Article Number (Copy from ~ervice tabel) 760Qi f'~li~~J';J156; ~f ; Form 381;1;,;J.uIY ,9~ DomeaticRatum Receipt .. ,~. ." ~ ."'. .~--,- "~ -- ; i \ ~ i "' es 102595-0Q-M-0952 . , ';~ .0 :;:.-- J/;-~: ~:::. -.- .~-;-----=--r:- f,'r.)- F'::,='-_ Co"~ ~>C -"-' ;'-~ :-:-:.-::- -- -'~ C) .-- ',-- I~ !J.) '.:;' ,::) :;~ - ^ ^.. I~"-'" ,_ 'c,n, '--'-'-''''~; '.,~~~- -, "oii-'_,ec;. ,;','i;--'-n';' '>;;-'_, _~~ , . CHERYLL. LEMMON, Plaintiff : IN TIffi COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW VS. MATTHEW S. LEMMON, Defendant : NO. 01-846 Civil Term : IN DIVORCE AFFmA VTT OF rONSFNT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa:: C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 6/19 It? I I / (Jh~~d/~ Cheryl L. Le on, Plaintiff iJ1f1I ru i1BJ"""~ ~~jjln"11ii "''''''''~'riMr~ '-!- -,," ,.. - ",,,"", LJJj o S: ..-"~ ~~;,~ (9- r:: ~-',~ ~~~: r) J:~~;" ~ ~ \,c..J ::p ~'~,) _:::: "," .- "'-, ^ '~~ .,'" " ,''''''..' _ -L '"' '"'""',~: -, ,".-j'_ '~ CHERYLL. LEMMON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVil-ACTION -LAW MATTHEW S. LEMMON, Defendant : NO. 01-846 Civil Term : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. . 3. I understand that I will not be divorced until aDivorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: fR/;?)/ / ej /d~~ Cheryl L.~on, Plaintiff ~"",:c"'-, "~'~~fli'~,-, H!!'''' 'j"iliil"'.l "~_'~ -'~'il""~' , ~ I , " () C) C) c___ ;"j ~..;-~ I.~- , , U C'- m ,'C' ,-- Z :"'r L_ t-- Uj \D ~ C. ',- 5~ -;:) ,:::,-- (~~ :::: (.1 .''',-) c:: ..-,:~, :::: -,. . ~ ., ----,,>,'., .-,'i'~ ,~,,_,_,,' hC':"-:_>iS' __<:'~'i' ,_~_" ';;,~ ,,^,-,*~ CHERYL L. LEMMON, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW MATTHEW S. LEMMON, Defendant : NO. 01-846 Civil Tenn : IN DIVORCE AFFIDA vrT OF rONSFNT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of the decree. I verilY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn fulsification to authorities. Date: t/;1/o/ , I L~ ~_liiilliMltr~~-;" -"';""";~'li.'iilii;~if~~!lf...;lAl!l1>."lliiri.d~'J:'-f.r!i;IllUo'~ "r' N , ~ e e e. o ~: -aC'-' rnf Z::-:,: ;ZC" S::~; , ~1.:::- "}::; C:.',~ \ \0 --c; ;"',J C) ':l I . I 1 ;1 :~ j , .I l , ~ 1 ~ '-.-! ^,-~ -0 I , , ",'r..', _, '., ^ ";,--<, -,-. , -- -,"-;' -~,"" -,,-n ",-"'".!,,,',,, '-~jj:~ , CHERYL L LEMMON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW MATTHEW S. LEMMON, Defendant : NO. 01-846 Civil Term : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. ~4904 relating to unsworn falsification to authorities. Date: 6/11h; ~~,~ Ma hew S. Lemm n, Defendant ~~~Jmg~r~"~~J!~tm!~!~Jj ';<' . "" , ., , ~, '~' ,. ,c" "~ - 0 CI :::J ~ , , , -0 l' t"-- rn Cf .~ ..G:. c.:" Dc' {..0 ~ C:', --r' "<,-.", .0 "',::::. ..:~' ~',-) C6~ -,. .,~ ~ .< "" ~ - -.-", 1-' -_C,.'. ,-,'",... ", ~'"'~ ''''.-'-'h,'-",);.', " " CHERYLL. LEMMON, Plaintiff : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : CIVIL ACTION - LAW MATTIIEW S. LEMMON, Defendant : NO. 01-846 Civil Tenn : IN DNORCE STTPTTT A nON WHEREAS, the parties have reached an agreement as to the custody and visitation of REBECCA J. LEMMON and MATTIIEW D. LEMMON born to the parties, CHERYL L. LEMMON and MATTIIEW S. LEMMON, and wish a Court Order to reflect that agreement; TIIEREFORE, with due consideration for the welfare of said children, both parties hereby agree as follows to wit: 1. Majority physical custody of said children, REBECCA J. LEMMON and MATTIIEW D. LEMMON, and visitation of said children shall be detennined by an agreement executed by the parties hereto, attached hereto as Exhibit "A", and made a part hereof and incorporated herein by reference. 2. It is contemplated and requested by the parties hereto that this agreement be adopted by Order of Court. WI1NESS: ~j::Jd,U~~~ (J~d~ Cheryl L. Lemmon ~ _X-J~- ~~ Matthew S. on 7 ~- --'-", , L~< ~ ,-,.,'~ -,.';;':.;~.' -, -" "r"4i@%:; . .. rmnonv AnRFFMFNT THIS AGREEMENT, made this /May of .JUne.. , 2001, by and between CHERYL L. LEMMON of 67 Old Stone House Road, Carlisle, Cumberland County, PelUlsylvania and MATTIfEW S. LEMMON of 131 Andrew Court, Carlisle, Cumberland County, PelUlsylvania. WITNESSETH: WHEREAS, the parties were manied on July 29, 1989, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS: Two (2) children were born of this marriage, namely REBECCA J. LEMMON, born on January 2, 1993 and MATTHEW D. LEMMON, born on September 26, 1996; and WHEREAS, the parties have reached an agreement with regard to custody and visitation of said children; NOW TIfEREFORE, in consideration of the mutual covenants herein made, as well as other good and valuable consideration, the receipt of which hereby is acknowledged, the parties hereto, intending legally to be bound hereby, do covenant and agree as follows: A. The custody of the aforesaid children, during minority, hereby is given to CHERYL L. LEMMON, except as otherwise may be provided by an appropriate court, having proper jurisdiction of the subject. B. The parties shall take all reasonable measures to foster a feeling of affection between themselves and the children. Neither party shall do anything to hamper or impair the children's love and respect for the other party. C. MATTIfEW S. LEMMON shall have the right of reasonable visitation of said children as follows: le- ~" C"'..2J';C,',-..,__,,__,_" ~ ~!f' .. ." . 1. MATTHEW S. LEMMON shall have the right of visitation three weekends of each month, commencing at 4 o'clock P.M. on Friday and ending at 7 o'clock P.M. on Sunday. 2. MATTHEW S. LEMMON shall also have visitation on Wednesday evenings from 4P.M. unto 7P.M.; 3. The children shall be with the mother on Easter, and Christmas as set forth below under Paragraph D3. 4. MATTHEW S. LEMMON shall have the children on long weekends such as Good Friday and Memorial Day; 5. MATTHEW S. LEMMON shall have the children when he has his vacations from work. D. MATTHEW S. LEMMON shall have the right of reasonable visitation of said children, as mutually may be agreed upon by the parties. In the event the parties are unable to agree upon visitation, MATTHEW S. LEMMONshall have the right of visitation as follows: 1. Every other weekend, commencing at 4 o'clock P.M. on Friday and ending at 7 o'clock P.M. on Sunday; 2. With respect to the major holidays consisting of New Year's Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. MATTHEW S. LEMMON shall have the right of visitation every other major holiday; 3. With respect to Christmas, the parties shall divide the Christmas holiday with father having visitation from 12:00 noon on December 24th to 12:00 noon on December 25th and mother shall have custody of the children from noon on December 25tl' for the remainder of nChristmas day. ~, '-.,1-' I ~, -,-;.j ;.;,.~.,~,~ .. E. MATTHEW S. LEMMON shall notifY CHERYL L. LEMMON, not less than 24 hours in advance, of any change in plan to exercise such visitation rights. F. It shall be the responsibility of each parent to keep the other advised of the address where the children will be living and of any medical emergencies concerning the children. G. CHERYL L. LEMMON and MATTHEW S. LEMMON agree that in making this agreement there has been no fraud, concealment, over-reaching, imposition, coercion, or other unfair dealing on the part of the other. H. CHERYL L. LEMMON and MATTHEW S. LEMMON hereby agree and therefore stipulate that it is their intent and request that the Court of Common Pleas of Cumberland County, Pennsylvania adopt this agreement as a decree and Order of Court. IN WITNESS WHEREOF, the parties hereto have executed this the day and year first above written. WITNESS: a~~M_~ ~~(SFAL) Cheryl emmon cU.-..AJ- ~. !1~~-(SEAL) -- "~ ~ ' n_, -'-"'-'1 1":";',-, ,,,,'_"<w ,__0'- '-""';'-';; - ,"~C"~<_~"';'''-'-''''''',T'' ":";'-<lc'_' ---!A.t,@' ., , 1< .. CHERYLL. LEMMON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : CIVIL ACTION - LAW MATTHEW S. LEMMON, Defendant : NO. 01-846 Civil Term : IN CUSTODY ORDFR AND NOW, to wit, this /r day of 1~ ,2001, the Court adopts the agreement of the parties concerning the custody and visitation of the children, REBECCA 1. LEMMON and MATTHEW D. LEMMON, as the Court's own Order. A copy of'that agreement is attached hereto and made a part hereof as fully as if entered specifically by the Court. We direct that a copy of this order be furnished to both parties. BY THE COURT, 4d 1. ~"" 'iIli1i1!l'!ii.~~~ilM~~!;!.-jjrtl!.iil-""" .' ~v,_",-" ' 9 ,~',,"'" "~=,_",""'_C'<':'~<V"l"~",,,,,' ,~" ,-d ,,~,~, _. ," -_,-;_ c', "," -. '" ;;, '~, ' ~~"'" ill r- , J~/l. ~ ~) , \-f!\I'~-i"'.l i C\~ 11, :--, J "" " ,l \ "~",)J \1 \: -:-1:- },f\~I""i-I'1 """'1 ':-""f\!!"t:J -', "d ; '--"i~i i ,... .f" ,-' ~:; "jdf' {{, JU ,n' -',,"",,,.' "-,,, . ~"~,,, '. ",,-,., ~d . ~'- ,~~~ "= , n" ~_ "-_ .. ~ ,'~~. _, '~:M"'~,' I 4 CHERYL 1. LEMMON, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-846 CIVIL TERM MATIHEW S. LEMMON, Defendant : CIVIL ACTION - AT LAW : CUSTODY PF,TTTTON TO MOnTFV rnSTOnV AND NOW, the Petitioner, Matthew S. Lemmon, by <md through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Petition to ModifY Custody: 1. The Petitioner, Defendant above, Matthew S. Lemmon, (hereinafter referred to as "Father") is <m adult individual who currently resides at 321 Pine Road, Mt. Holly Springs, Pennsylvania 17065. 2. The Respondent, Cheryl 1. Lemmon, Plaintiff above (hereinafter referred to as Mother), is <m adult individual who currently resides at 3723 Brisb<m Road, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Father seeks modification of <m Order of Court dated July II, 2001 regarding the following children: Name PTP.~p.nt Rp.~irfp.nr.p. .Age Rebecca Joy Lemmon 3723 Brisb<m Rd. Harrisburg, P A 17111 10 DOB 1/2/93 Matthew David Lemmon 3723 Brisban Rd. Harrisburg,PA 17111 6Yz DOB 9/26/96 4. The relationship of the petitioner to the children is that of natural father. The relationship of the respondent to the child is that of natural mother. 5. Mother previously filed a complaint at the above docket number <md an agreed - I. , -'" .' ;- - --,~> '~;. r tt;;>;;:;';,o,- I << upon order of court was entered on July 11, 2001. This order is attached as Exhibit A. 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 7. The best interests of the child and permanent welfare of the children will be served by modifying the July 11, 2001 Order of Court such that it includes more details, including but not limited to the following: (a) Language relating to shared legal custody of the children, including but not limited to language regarding access to medical and school records, joint decision-making regarding extra-curricular activities, etc. (b) Language relating to shared transportation to and from the parties' residences, preferably with the party receiving custody providing the transportation from the other's residence. (c) Language clearly indicating who has the children for each holiday (d) Language relating to summer vacation, preferably two non-consecutive weeks per party per year. (e) Language that secures Father at least two weekends per month with the children on weekends during which he is not scheduled for National Guard duty. WHEREFORE, Defendant respectfully requests this Honorable Court to modify its July 11, 2001 Order as stated above. Co',,,,., " ~" , Dated: ,;,j', ^ , " [,. -z//y(tj Respectfully submitted, J~ wE eanne . ostopo os, sqUIre ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 Supreme Ct. ill No. 68735 -. "-. ",.0 i "'-'':'''-.<lI.i.411;tj~:,i" '" .- CHERYL L. LEMMON, vs. MATTHEW S. LEMMON, "" c' ~ ~, -,," ~->" , , '" M'l Jii~" Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-846 CIVil., TERM Defendant : CIVIL ACTION-AT LAW : CUSTODY VF,RTFTC'ATTON I, Matthew S. Lemmon, Defendant in the above captioned case, hereby verify that the statements made in the foregoing Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: 02 /; ~ /zOCj{j I I I Signature: ~~, . , '. ~ ,_ _..i' '~" _, .' .-""'1!I'.._--j CHERYL 1. LEMMON, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-846 CIVIL TERM MATTHEW S. LEMMON, Defendant : CIVIL ACTION - AT LAW : CUSTODY CF,RTIFTC'ATF, OF SFRVTCF I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the attached Order ofeourt upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Cheryl 1. Lemmon 3723 Brisban Road Harrisburg, P A 17111 BY: eanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 Supreme Ct. ill No. 68735 ATTORNEY FOR DEFENDANT DATED: ?1!1/f1 , i$~~~'''''lolllillilmf~~~<rg;~~ilil6liiilik6i-lf<&;iJtl-JM~('-'l1i\il>~_"j~~fij!;'" ^"~~~"""~'IiIiliil " , ~ ~ "'""""' illit(i1i!T~ '" ~ 0 ,..., 0 = C = "'f1 r ~ ~..: .$:' J ""G C-i -., ~-n r-;;;':', F'l mp (U ~, CD t?~ -. -U1Tl ~ \)oJ :oQ ..L. --< ~-_.. >.D ~6 .... .. r:;:-;.,:) -;-'"T, -.; ~"~-~) ;l>> ----n 0- ~ ~ ~~2; -'"~ zO ::5rT1 ~ ...... ..-<- ~ --, N -< -' '< _I '~~i ." .' ~" ' , -'< -.l::.dli&,",,',' . CHERYL L. LEMMON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-846 CIVIL ACTION LAW MATTHEW S. LEMMON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, Marcb 18, 2004 , the conciliator, at 1:00 PM 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 auy and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator o 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 '~ I' II ii, " :,-' ~ "~ "~I- ~. , - "'" '~-'~'~,'" ~- ~,~~, <'^' ~ -~lt fllED""OFFICE OF THE PROTHONOTN1Y ~ 2034 FEB 25 PII 2; 17 CJ )I-'.jl'i,,:,.;:n ~1,'\jf": (In) n,fT" "-'1, ..''-' '_'!" -.l.r \J__Vi III :t PEN~JSYLVAN1A ;)c;2C .Otr' M ~ ~ /.$/ 7J; 4- ~ d'.JS'CW" '714 /h~ ~ ~ ;;).~of' ~ Jv.~ i: dif~ > n_,.MII!'JIH1 J . {ifrJifji _ " _ _ ' _ , ,_ ,_ _ _ _ : __, _ ___ ~' ~,,-" -'-fir'1!.,~,1~,~~~-mI\WW,,*1!'~lffl<iOii~,,*!i;1ff!!!'ilI!i'E~~~~\W-Jir'-"IliH.Nl~~!'f - ,.; " ' ,"__ ['c---. <, " -->-~-"','- . ! "'" " '-UU"t 'V CHERYL LEMMON Plaintiff . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-846 CNIL ACTION LAW MATTHEW S. LEMMON Defendant IN CUSTODY ORDER OF COURT , AND NOW, this J 2,,' day of Pt"'1 ' 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I I. The prior Order ofthis Court dated July 11, 2001 is vacated and replaced with this Order. 2. The Mother, Cheryl L. Lemmon, and the Father, Matthew S. Lemmon, shall have shared legal custody of Rebecca Joy Lemmon, born January 2, 1993, and Matthew David Lemmon, born September 26, 1996. The parties shall consult with each other in making all important decisions concerning the Children, including such matters as, health, education and religion. The parties shall consult with each other on all non-routine decisions to promote a hannonious policy in the interests of the Children. Each party shall have access to the Children's medical, dental, hospital and school records including test results and report cards. Each party shall pennit and encourage communication by the other party with doctors, teachers, and school administrat6rs regarding developments in the Children's health and education. Each party shall provide the other with schedules of school and athletic events when available, or in the alternative, two weeks advance notice of the event. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children for two weekends each month from Friday at 5:00 pm through Sunday at 5:00 pm. The Father shall provide his National Guard schedule to the Mother in advance and the parties shall schedule the Father's weekend period of custody to coincide with weekends when the Father is not scheduled for National Guard duty. The Father shall also have partial custody of the Children at such other times as arranged by agreement between the parties. 4. Each party shall be entitled to have custody of the Children during the summer school break each year for two non-consecutive weeks upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. The weekly periods of custody under this provision shall be scheduled from Friday at 5:00 pm through the following Friday at 5:00 pm and shall include the parties' regularly scheduled periods of weekend custody. Periods of vacation custody scheduled under this provision shall take precedence over the re,gular custody schedule. ~.rf'''''" ".'M:'''"' ' '-:SiniliLl:lldlmWim~,injJi~':~ ''.IiilJrr:*~Ulim~~~ J "'" " ,,~ , ,', ~ -;".- Vli'!"<;-//\l.\SNN3d "Nr',-'-' (,.",,-, '-"""f'''' 1\.1. l :,,),_,,' !' .,:"- ';~":;,~.!Y'~l tv OS:6 \;\1 Zl ml~OOZ !'JIV10NOH1C8d 3Hl :10 ;~i:J:\O.{]jll:1 . 'jjl_ -1-, ~ p . i ~~ I. . . '~0l - ~I '-',~ ^ -"',~,<,; 5. The parties shall have custody of the Children on holidays as follows: A. THANKSGIVING: In every year, the Father shall have custody ofthe Children on either the weekend before or the weekend following Thanksgiving from Friday at 5:00 pm until Sunday at 5:00 pm. The parties shall cooperate in selecting the Father's weekend under this provision. B. CHRISTMAS: In every year, the Mother shall have custody ofthe Children from December 24 at 1:00 pm through December 25 at 7:00 pm and the Father shall have custody from December 25th at 7:00 pm through December 26 at 7:00 pm. C. EASTER: The parties shall alternate having custody of the Children on Easter each year, with the Father having custody in even nwnbered years and the Mother having custody in odd nwnbered years. The parties agree to take into account each Child's preference concerning the Easter holiday and make necessary adjustments without unnecessarily involving the Child or Children in the decision making process. D. MEMORIAL DAY I JULY 4TH I LABOR DAY: In even nwnbered years, the Mother shall have custody of the Children for Memorial Day weekend and July 4th and the Father shall have custody over the Labor Day weekend. In odd nwnbered years, thl: Father shall have custody of the Children for the Memorial Day weekend and July 4th and the Mother shall have custody for the Labor Day weekend. The Memorial Day and Labor Day weekends shall run from Friday at 5 :00 pm through the holiday at 5 :00 pm, and the July 4th holiday shall run from the evening before the holiday through the morning following the holiday, with the specific times to be arranged by agreement of the parties. E. MOTHER'S DAY 1 FATHER'S DAY: In every year, the Mother shall have custody of the Children on Mother's Day from 9:00 am until 5:00 pm and the Father shall have custody on Father's Day from 9:00 am until 5:00 pm. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for the Children from the Mother's residence at the beginning of his periods of custody. When the Children have regularly scheduled sports events or activities on the last day of the Father's periods of custody, the parties shall exchange custody of the Children at the game or at the activity. The parties shall exchange custody of the Children at the Camp Hill Mall at the end ofthe Father's periods of custody if there are no sports events or activities. ,~_. ,-J '~,;',!i 7. Each party shall ensure that the Children attend all regularly schedule activities during his or her periods of custody. 8. Neither party shall consume alcohol to the point of intoxication or use illegal drugs during his or her periods of custody with the Children. The parties shall ensure that third parties having contact with the Children comply with this provision. 9. Each party shall keep the other party reasonably informed of the location of the Children during his or her periods of custody. Each party shall notify the other party promptly of any illness, accident, or other serious circumstance concerning the welfare of either of the Children during his or her periods of custody. 10. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. Neither party shall interfere with the other party's telephone contact with the Children. Each party shall make a reasonable effort to promptly return telephone calls or messages left by the other party concerning the Children. 11. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 12. This Order is entered pursuant to an agreement ofthe parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, .r1J J. cc: ~)hony L. DeLuca, Esquire - Counsel for Mother ,)€anne B. Costopoulos, Esquire - Counsel for Father ~ '}.,O I)' \ o " ~ < Co I "' 0 . ~,-- ~~h",,: I CHERYL LEMMON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-846 CIVIL ACTION LAW MATTHEW S. LEMMON Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVn., PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rebecca Joy Lemmon Matthew David Lemmon January 2, 1993 September 26, 1996 Mother Mother 2. A Conciliation Conference was held on May 6, 2004, with the following individuals ill attendance: The Mother, Cheryl L. Lemmon, with her counsel, Anthony L. DeLuca, Esquire, and the Father, Matthew S. Lemmon, with his counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date~' fO Joo<{ I ~.d~~ Dawn S. Sunday, Esquire Custody Conciliator . " ~ ,I ,,- " L,!'~" .. ;}i , CHERYL L. LEMMON, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MATTHEW S. LEMMON, Defendant NO. 01-846 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301 (c) R~Ulfitkl of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: rprt- i fi p" m" i 1 rpt-nrn reee; pt- rp~t-rict-P" dol ivory 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by plaintiff 6/19/2001 ; by defendant 6/19/2001 (b) (1) Date of execution of the affidavit required by ~3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: Nnnp 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: \JUN'f' / '1 01001 , Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: \TcJ IlN" ('t- 070 if 1 .c;y 'l'i iIi""':""-"'''' .~:~~l!IW,~~lI@jjJl$j.IDii,-...ii#~~t'i"""'''''~- .-" ~ ~ 0 ""'~_~" ^ ". C'~ ~~__ ,., ,-- ~ , w_, 0 c~ ~,,",_ ~w<_~",' ~,~,~~~'^, .~'"'- ,-< . ~ ,~ .~" "^ '- (") ':::::_J C <:"> L W Gi ~ ~:SC: --, ~ ;?::r- ~Qi- l.D r,:::: C _.~~ :?: 1:':- ~~ C J> c :N .:-.~ ..c ~ :::;; :1:.1 (.,.,;:1 ~, --, ~ .