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Home My WebLink About99-00829 --1/"1 ;;9 >- ;-, :;- ~~ ,--: I.:.:; .<- l-''':-: _".1 -' ~E c.-; .-"\ '-' ..' , .'-- ~:::: - ~3 r, ~~~) ~..: -,- cD ::0 ~::, " ~ ::; u , iij u.:. L~ cd L,_I ,lJ C~ \... C1 '... .0- I ,- N :~ c.: c::> 0 c' ~ >- ..:!" ~: ':) ~ ('- l-j .' I,"=- N J_ ';;j LJJ(') :.:14r ~J ,:) 0:< (J,-' 2 ct:::y:' :c ::.);? .n '" 0 I.l.~ f.- "- ;;>: '"" Vi ,:) './l , '..., 'l-'c ,::J.-J r- (~ '), .;..--....,;: @I'" N :'::,"u, - - '-J(J.~ " -' ,.JZ "l G:ll.l t:fj n:-;; -,' W <LICiJ l r== rn , u- .-." 0.. ..... C.f'I .~.~ 0 :.:J 0' U ';::; ~ ~ Ul ~ ~ ~ 0 ....:! . 0>< P<~ r... E-1 UO P< r... Z Z 0 Z >< H ~ 0~E-1 0 ~ 0 E-1 0 HUUl :E:>< 0 Z Z E-1~D :E:E-1 E-1 H ~ UOU OZ Ul ~ r... ~:> UD D ..:I -~ CIlH~ 0:;: U P< . ZO 00 r...U~ CIl ~ p:; r... 0 ....:! 0 :> :E: ~~ 0 Z - ::r: O::r:E-1 E-1ZZ ~ Z 0 ZE-1Z ~~O ~ ..:I D H D..:IH ~ :E: r...~ O~E-1 U ::r: . E-10..:l U~U ~ 0 :;: Z P< 1Il~ 0 ..:I H~:E: ~:E: :> Z ~UO ::r:D....:! H >< H ..:I--U E-1UH Cl :E: E-1 P<~ :>. :E: CIl :E:oo ~~H9~ ~ 2 OM~ UM ~"- &: .,. ':l l'- '- ~ r- .:2 .i u~ jWIONOH1.0'Md ...'..........- ~~7f1ii~ftt~f~Z;P~~J;... .. 61 ,......... 66 ;;/'6/" "rpViii}- J .... '" ..: (!; III , ~.... '" ~ MN.... ... 0.,.0 l:I E.... r-- ;e".... ~ J~~~ ~ lIlc.; ~ ~ ~ ~ .'.):",. 13, Plaintiff and Defendant have acquired property, both real and personal during their marriage, 14, Plaintiff and Defendant have been unable to agree as to an equitable division of said property, WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and wheresoever situate and for such further relief as the Court may deem equitable and just. COUNTY IV COMPLIANT FOR CUSTODY 15, The Plaintiff seeks primary physical and joint legal custody of the following child, Alyssa Lohman, age 7 months, born June 27, 1998, 16, The child was born during this marriage, 17, The child is presently in the custody of the Plaintiff, 18, The child has resided with the Plaintiff and Defendant from date of birth to February 7, 1999 at 528 Third Street, Carlisle, PA 17013, On February 7, 1999 Plaintiff and the child moved to 155 East Barrens Church Road, Dillsburg, PA 17019, Washington Township, York County, 19, The relationship of the Plaintiff to the child is that of natural mother, 20, The relationship of the Defendant to the child is that of natural father, 21, The Plaintiff has not participated as a party or as a witness, or in any other capacity, in other litigation concerning the custody of this child in this or any other Court, ' 22, The Plaintiff has no information of a custody proceeding concerning the childre#< ....,.. pending in any other court within this Commonwealth, Verification 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, Section 4904 relating to unsworn falsification to authorities, DATEO;?tiu~_v19,/fY7 ( / llll(CCv"--) COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S,S, Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Tammy Lohman who, being affirmed according to law, deposes and says that the facts and mailers set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before e this Cj:?~ day of-1:'-, "'''' 1999, V J ~/4- <-~j f aL Notarial Seal Halyard e, Alexander, Notary Public DlIIsburg Bora, York County "1/ 17:ommisslon Expires April 23. 2001 . ~:;. .":,;:" o~r"~v1":\"i~ Association of Notaries :; .,",.>\," ",";< ..'" <..,...~,~;~~+~~:~B~~,",':,:.' i~~:!~;': '. /i',;;';",'36;':SOUTH' 'PITT ,STREET 1~~:'t:??;j~E~2::;~~~~13 , .:';>.. ~:j~i~~!) W~"I..A,~A,M S~~~'~.~ ~fii'i(?'1~:~'~ . ESQACAMS@,,'CU:';COM?':' ',:'~; .',' , "'i""".""""':".' , FAX: (717) 2415-8538' ,.." :': ~, .:,.. '.',.',;,J :'.';: \ ':,;' : "-::'::",.,':;:..:.:~':W\"";::,, .", ' ',.... ".,' '\ ...;' 'JANE ADAMs 'v, ' ATTORNEY AT LAW i - B~fVfA-N , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 99 - 829 CIVIL TERM JUSTIN W, LOHMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF CONSENT ~ I 11 A complaint in divorce under section 3301 (c) of the Divorce Code was filed on Id. qCj . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Corn plaint. 3, I consent to the entry of a final decree of divoice 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 also understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904, relating to unsworn falsification to authorities, Date: 9. 10' O"l.-- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301/c) OF THE DIVORCE CODE 1, I consent to 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 untii 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,C,S, 94904 relating to unsworn falsification , to authorities, Date: q, 10.07--- w~L~. J >- w r:: 0;; N ;::0 ::)<.( C- O... tj5:~-: ~~~ U:~7: --. 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(--"') ) I " ( -' - Ul OU ..: Hr:>:: ~ ~ E-<O 0 ...:! ~ E-< Z:>ZO P<": ~ Z ~HOU P< H ..: E-<OH Z E-< 0 Z E-<~ o ' IS Z Z H<l:UU J " :E:>< I-l H ~ ~r:>:: '" -' 8 :E:E-< Q) ..: r... r...r...UlO ~ ~~~ Oz:;:8 >-< ~ 00 :> u::><l: '" .0 ~H ~ 0"'0 O...:!..-i Z ~><OO 1:'" .... r...u 'M <l: UD::O ...~ 0 I:> . :E: HE-<U~ ~r~' 0 'M . Ul :IJ E-<Z :IJ E-<ZZU Z :> 0 01ilr:>::E-< Vl c.; g r:>::..:0 ~ H Z "-1 ~ ~ ~ ::>...:!H"'liI E-<Or... Or:>:: E-<N U :IJ , ~UlZO 15 UP<lUOOr:>:: 0 :3: O~::> i:Q <l: 10 ...:! ::> riI:E: "':> Z r:>:: Ol~ U :IJ::>...:!"'H >< H ~~~- E-<UH 0 :E: E-< :>r:>::r:>::~ :> . :E: (J) H uo Zr...HOZ <l: ::> <l:O~M HOUZH E-< ..., :3:E-<OM . , , . . .. > 9164421029 BVMC-CAPITOL 120 P03 JAN 12 '01 (c) For calendar years 2001 and 2002, mother shall have partial physical custody for a total of IS weeks, to be broken into three six-week periods of partial physical custody. Those periods of time are undefined at the time of the making of this order, but the parties agree that they shall reach an agreement as to each year's periods of partial physical custody no later than December 15 of the previous year. In the event that they are unable to reach an agreement, either party has the right to ask for a conciliation conference to address the issue of when those periods would occur. 3. Each party will be assured reasonable telephone access to the child when they do not have physical custody of the child, not only for the individual party but also for related family as well. 4. Each party will strive to coordinate with one another regarding the child's medical needs, and this shall include advising the other parent of the identity, location, and telephone number for any treating physician. TAMMY JOE LOHMAN, t-1:.j;)~bl::J::J~ Plaintitl' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 99-829 JUSTIN LOHMAN, Defendant : CUSTODY ORDER OF COURT AND NOW, this I 5+_ day of v1/{ 2J cL '? , 199): it is decreed that the Stipulation and Agreement for Temporary Custody that has been executed by the parties named above shall be made an Order of this Court. The Court of Common Pleas of Cumberland County shall maintain jurisdiction in this matter. BY THE COURT, cc: James J. Kayer, Esquire Attorney for Plaintiff \ No-Ice <- "", L", L 4499 ) :::r1r7 Jane M. Alexander, Esquire Attorney for Defendant J. '," <:<:6L -8\7<: (L~L) . 8~OH lid 'aIS!pBO . anua^1I tll.IaQn'3 \7 . 1101 tll.Iaqll UO!IBJodJoO IBUOISSajoJd II UMOJB pue Ja'l\e)f . . , Q). :J ct"'). ',< C,' '~"". <C~ "e':';.";,,:,:,< '>'.;;: ,- ;;. '" '~'''7"'' ":,, .'00 t::.,Co'C\J ....0 Q) '-C\J . aJ 13 ;c.c",' ., () ::J,-'~':~'" 'C ui. >-1Il: "''''~. C :iii. 'c~.' ilia' :'1'. c. oO ... '(ii.. :Q) F:', . (I) :..a..,.... . Q)Q) '~". ;t::.. >"Oc,o.!!:!'.,'': co ...., '-I.. II) . , ~a.<c :-E'~ . . Q) t) .... , ..c ",,>,,; ';-:.J,'.: 0 \;0 0 c: '-0 ...., ;.-- -.,. u{:/1 f"Tl ::-J rt"irr: :::0 ,-h'" ;:::u . I~~:: -;"C~ N '~Jrn ~:!:-~: ~ ~,)D <)l;. t:~ c.; ..,., '~l _ .;.'.; c." :::: ~~~.;~ "....c, ';;"C- J"':.;) ',,~ rn '....1 --j _.. -:~) .,.,. =< :iJ- m -r,; ~~ ~~~ ~~ 3: ~ il~~~ H ~8 ::1 _ ~ H 0 ~ ::i~ r:: ....t..E ~ _ (J :<: ~ .j.J ..0 :: ~ '0 l'<o ~ ~ ..., -~ a'9tit~- ~ Ol~B .j.J . tJgJ i'" E I ~ <: c g1 $!,W!,;; .5 ": ..., !~ ~~ III F;J I ' :! ~ ~8RJ~~ to: ~I 'IQ;, ~ 00'; 0 O~ ... \ er ....Q JJ,~ :; .... - C fj ~ ~ - ~ ~.- OlH S a ~ a (J 0 . ....::: 0) -5 rLI . ~ 3: UlUl ~p;rtJ~1 ~ ~ ~ 2 j ~ 8 ;e 8 ~ . . ;. '\ ~ y . l'Irtt 0'1 19~J ~. " -. WEEK I and WEEK II, beginning with the Father having custody of the Child during WEEK I on Friday, April 2, 1999. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. EASTER: In every year, the Father shall have custody of the Child from the Friday before Easter at 4:30 p.m. through Easter Sunday at 4:00 p.m. and the Mother shall have custody of the Child from Easter Sunday at 4:00 p.m. through the following Monday at 4:30 p.m. B. THANKSGIVING: The parties shall alternate having custody of the Child on Thanksgiving Day from 9:00 a.m. until 8:00 p.m., with the Father having custody during odd numbered years and the Mother having custody during even numbered years. C. MFl'IORIAL DAY, JULY 4TH, LABOR DAY: The parties shall alternate having custody of the Child from 9:00 a.m. until 8:00 p.m. on Memorial Day, July 4th and Labor Day beginning with the Father having custody of the Child on Memorial Day in 1999. Notwi thstanding the foregoing, the Mother shall have custody of the Child over the July 4th holiday in 1999 from July I through July 5, with the specific times to be arranged by agreement of the parties. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 8:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for an uninterrupted one week period during each summer upon providing thirty days advance notice to the other party. 5. The Mother shall provide authorization to the childcare provider to enable the Father to piCk-up the Child at daycare in accordance with the custody schedule set forth in this Order. 6. When the Father's periods of custody begin on the day during which the Child is at daycare, the Father shall not remove the Child from daycare until 4:30 p.m., to enable the Mother to see the Child briefly at the daycare before the Father's period of custody begins. 7. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 8. In the event the Father has to work during his weekend periods of custody with the Child, the Father shall offer the Mother the opportunity to provide care for the Child during his periods of employment before contacting third party caregivers. JUSTIN LOI-IMAN, Plaintitf/Petitioner v. :/N THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA : NO. 99- 829 CIVIL TERM CIVIL ACTION - LAW TAMMY JOE LOHMAN, Defendant/Respondent IN CUSTODY I I I I I I ; ! I I I I i I I I j I I PRETRIAL MEMORANDUM I. BRIEF FACTUAL HISTORY The parties to this action were married on May 17, 1997 and divorced in late 1999. As a result of this union, one child, Alyssa Lohman was born on June 27,1998. The parties initially separated in February 1999, at which time the mother filed a petition for custody at the same time she filed for divorce. This matter was referred to the custody conciliator and as a result of their initial conciliation conference the parties were able to work out an agreement which is summarized in the Court's April 9, 1999 Order whereby the parties shared legal and physical custody of Alyssa. During the period of time between April II, 1999 and November 1999 the mother took less and less advantage of her periods of custody of the child due to other priorities. The father willingly accepted the additional time that he spent with the child and the parties were able to communicate and coordinate fairly well with one another for the purpose of custody transfers. During November 1999, the mother took a trip to California and left the child behind with the father. This trip was described to the father to initially be temporary in nature; however, the mother subsequently informed the father that she intended to find work and intended to remain in California. As a result of this substantial change, the father filed a petition to modify custody on Dccember 5, 1999, to address this significant change. A conciliation confcrcnce was schcdulcd for January 13, 2000, and the parties both attended. They were not able to resolve their differences at the conference; however, the parties were able to agree that on an interim basis the mother was to have a period of one month with the child in California from January 16, 2000 to February 16, 2000. The Custody Conciliator improperly characterized the father's position of agreeing to a one-month period of custody as an "ultimatum". It may be that the conciliator did not adequately understand the father's position that he was concerned about allowing for a longer duration of time in California without being provided with adequate proof as to the stability of the mother's situation and the quality of her accommodations. The father's concerns regarding the stability of the mother's residential and work history are based upon his observations of the mother's apparent inability to maintain steady employment or continue to reside in a single home for any significant period of time. II. WITNESS LIST Justin Lohman, Father - Justin will testifY concerning his relationship with the child and his causes for concern regarding the care and attention that the child receives from her mother. He will also testify regarding his concerns regarding the mother's emotional and financial stability and the harm that would be caused by removing the child for a significant period of time from all of her friends and family that she has in Central Pennsylvania. Barbara Lohman, Paternal Grandmother - Barbara will testify concerning conditions at thc father's home, the relationship between the child and her father and her observations and concerns regarding the mother. Larrv I.ohman, Paternal Grandfather - Larry will testify concerning his observations of intcractions between the child and her father. Tonva Lohman. Father's sister-in-law Tonya will also testify concerning her observations of interactions between the child and each of the parents. Dav Care Providers. (Paulette and Rhonda) - These witnesses will testify regarding their observations of the child's appearance, behavior and development as well as their observations of interactions between parent and child. Paulette is the child's current teacher at the Carlisle Early Education Center and Rhonda was the Day Care Provider selected by the mother while she still resided locally. Richard Burkholder. friend of the father - Richard can serve as a character witness. The Petitioner reserves the right to supplement his witness list with individuals listed by the respondent. Ill. RELIEF SOUGHT Petitioner, Justin Lohman, seeks an order modifying the existing Custody Order whereby he would be provided primary physical custody rights of the child. Legal custody would continue to be shared between the parties. It is the father's position that this case should be treated as a relocation case as the mother is seeking to pursue at least shared physical custody of the child if not moving the child primarily out of Pennsylvania and to California. Pursuant to the standards set forth in Gruber, the father believes that the mother failed to meet the Gruber standard whereby she must demonstrate that the motives for her proposed relocation are genuine, and that the relocation would result in an actual improvement in the child's life, and that an adequate substitute custody and visitation schedule can be provided to the father. In the case before the court, the mother deceptively left the area abandoning the child based upon the ruse that she was taking a temporary trip. She now seeks to remove the child from the area primarily, or alternatively, for a substantial period of time equal to a SO/50-custody distribution. She seeks this relief despite the fact that the child has no significant contact to California other than the mother's presence there. All of the relatives from both families reside in South Central Pennsylvania. The child has never been removed from south Central Pennsylvania for any length of time other than the one month afforded to the mother as a result of the Court's January 2000 Interim Order. The father has demonstrated his aptitude at being the primary care taker for the child. The mother apparently had no objection to the father's ability to care for the child when she left the child with him at the time that she took her California trip and she has made no allegations in any pleadings as to the father's inability to adequately care for the child. The child has developed a routine that allows her to socialize with individuals of her own age and receives a pre-school education. For these reasons, the father seeks an Order that would provide the mother with significant periods of time, up to three one month periods of time for the child to spend with the mother in California until the child begins Kindergarten at which time the mother's period of custody should be modified so that it OCcurs during the child's summer vacation. As it was the mother's voluntary act to relocate to California, it is the father's belief that all costs and other logistical requirements to allow for transfers of custody should be borne solely by the mother. A provision should be included within the Order that allows the mother to have periods of partial physical custody with the child at anytime that she returns to visit South Central Pennsylvania so long as she provides the father with adequate notice of her intention to return to the area and exercise her rights to these periods of physical custody. 00 00: r:<; ... r..1 r..1 Z ...:I Z r..1 il<00: 0 0 il< H Z Z ... 0 i<< 0 - ::;: H il< 0 J - ::;:>< P:: ... 00 ~ N ::;:... r>:I r..1 r..1 ::;: vi 1$ OZ:;:... il< P:: ::0 ~~'" U::OOO: ..... -..... 0 "N~ 0...:1...:1 i<< Z... Z 0'<1'0 i<<U H i<< OO:Z 00: ~ .i )(!:; 0 I> -H Ul ::;:00: P:: ~ l~~~ 0 H Z... > ::CO 0 ...ZZU OO:Z OZ ::;: en 0.; ~ P::OO:O :;:H ...:Ir..1 r..1 ::O...:lH"'>< :I: 00: i<< ::;: ~ ~ ~ OP::"'NO 0...:1 r>:Ir..1 ... Ur..1UCOO Hil< 00 ...:IZ moo: ,... ,..., 00:00: r..1::;: "'00 z HO ::C::O...:l"'::O H >< P::Z ...UH U E-< ::;: ...r..1 > . Ul ::;: r..1i<< Zi<<HOZ i:l 00: P::r..1 HOUZH ":l ... il<0 '. . . . . MAY 1 6 zooaP!? Because of the constant agitation of the Father and his mother and the entry level job she had in the area, Mother decided to visit California in November 1999. She went to California November 11, 1999 intending to go only as a vacation. She did not take her daughter with her because Father refused to give her permission to take her daughter with her. Mother had, as early as September, talked to father about her interest in moving to California and discussed a shared custody agreement. When she arrived in California she was offered a job at a higher rate of pay and she contacted her counsel to open a discussion on joint custody. A letter was written by Mother's counsel on November 17, 1999. By letter of November 24, 1999 Father's counsel advised that Father would not agree to a 50/50 custody arrangement. Father filed a Petition to Amend the Custody Order on December 5, 1999. The parties again appeared before the conciliator on January 13, 2000. Mother was able to have the child with her in California from January 16 to February 16, 2000. Since her moving to California she has been steadily employed and now has a full time job with benefits. She is residing in a new home with her boyfriend Steve and his relatives Marty and Debbie. Throughout the period from February to May Mother and Father have been discussing shared custody but Father's idea is three or four months in California not consecutive, with Mother paying all transportation costs. Mother has been requesting joint custody of alternating three month periods. Also, Mother through her counsel has requested that Father sign the Affidavit to complete the divorce as there are no property issues to be resolved. Mother's Affidavits were filed February 8, 2000 but Father has refused to sign his. II WITNESSES TO BE CALLED TAMMY J. LOHMAN Natural mother of the child who will testify as to her care of the child, her reasons for moving to California, the reasons for and benefits to be gained by the child in a 50/50 custody schedule. VERLA LEHMAN Woman who raised Mother. Her'observations of the interactions of mother and father, the type of care given the child by each of the parents. III PROPOSED RESOLUTION Mother believes that the child needs the love, affection and contact with both parents and during her pre school years this can best be accomplished by the parties having shared legal and physical custody. The child can spend three months with one parent and then three months with the other. The non custodial parent should have frequent telephone contact with the child. Mother, by reason of securing a full time permanent job and having a house with generous space for a child can provide a stable loving environment for the child. But she also believes that the Father should have equal time with his child but, given his working schedule and other commitments, it is his parents, not he, who would be providing the majority of the care and supervision of the child. If Mother is to be the one fully responsible for transportation costs that is a heavy price to pay to only be able to see her daughter three or four months out of the year. The child apparently suffered no ill effects from her one month visit to California so she adapts well to the environment in which she is placed. A fifty/fifty custody schedule is in the best interest of the child. r 0:' Oco ~~ !!!.r co 0 '::;J- .;:;: ....'U .::J CD · N5~ t)~ rn 1<:' ~Q)C: (0 ';:' 0' N -. m "'~~ 2J~ ....co (U':J . C. CO '- u t.: I , t.., r, (: . , , , , i ( :) '-' .. ,'r .. '.-. , ) :;./,: , '. I:L. .. (') ') ~_1 , r;;, \0 ,- I " Ul , fi. I , ~:.~ r; f.' ; I I U l. , ':'.! :.L, Ie C", .,,': (.) :) 01 (J ~" 4'm g,,< co (1) iil ., o' m iil.~ -c. o o c:I -a ., o 0 ~:e g :J ., Kayer and Brown A Professional. Corporation Liberty Loft . 4 E. Liberty Avenue'. Carlisle, PA 17013 (tI7) 243-7922 -: ( TAMMY LOHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-829 CIVIL TERM CIVIL ACTION - LAW JUSTIN W. LOHMAN, Defendant : IN CUSTODY ORDER OF COORT r.~ _.0 (") C '.0 "." 'n -. :.~ C,. :;.,1 ,... -') fill....:'; .- ,.ii:JJ ilir:':' ;v . ,..- , ''',rn '..0 . .~ Il'.:) ~i ;:; ':"'Il. -:.' --;CJ :-:: -r, ::1: t ):D ~C" '.o.~ .;.:.~; ':':' (:3 "-- :.n :-~ -, :0 -< c::> -< , 1999, upon it is ot'det'ed AND NG!, this q +L day of /11 ~ r " t consideration of the at~Custody Concili tion Report, and directed as follows: 1. The Mothet', Tanmy Lohman, and the Fathet', Justin W. Lohman, shall have shared legal custody of Alyssa Lohman, born June 27, 1995. Each parent shall have an equal dght, to be exet'cised jointly with the othet' pat'ent, to make all majot' non-emet'gency decisions affecting the Child's genet'a1 well-being inclUding r but not limited to, all decisions t'egat'ding het' health, education and t'e1igion. 2. The pat'ties shall share having physical custody of the Child in accot'dance with the following two week cycle schedule: A. WEEK I: The Fathet' shall have custody of the Child ft'orn Friday at 4:30 p.m. tht'ough Sunday at 6:00 p.m. The Mother shall have custody ft'orn Sunday at 6:00 p.m. tht'ough Tuesday at 4:30 p.m. The Fathet' shall have custody ft'Om Tuesday at 4:30 p.m. tht'ough Friday at 4:30 p.m. B. WEEK II: The Mothet' shall have custody of the Child ft'om Friday at 4:30 p.m. tht'ough Sunday at 6:00 p.m. The Father shall have custody ft'orn Sunday at 6:00 p.m. through Iuesday at 4:30 p.m. The Mothet' shall have custody ft'orn Tuesday at 4:30 p.m. tht'ough Friday at 4:30 p.m. C. This schedule shall continue thet'eaftet' alternating between WEEK I and WEEK II, beginning with the Fathe~ having custody of the Child du~ing WEEK I on F~iday, Ap~il 2, 1999. 3. The pa~ties shall sha~e o~ alte~nate having custody of the Child on holidays as follows: A. EASTER: In every year, the Fathe~ shall have custody of the Child f~om the Friday befo~e Easte~ at 4:30 p.m. th~ough Easter Sunday at 4:00 p.m. and the Mothe~ shall have custody of the Child f~om Easte~ Sunday at 4:00 p.m. th~ough the following Monday at 4:30 p.m. B. TBANKSG~: The parties shall alternate having custody of the Child on ThanksgiVing Day f~om 9:00 a.m. until 8:00 p.m., with the Fathe~ having custody during odd nllIllbe~ecl years and the Mother having custody du~ing even numbe~ed yea~s. C. MEIIIORIAL DAY, JULY 4TH, LABOR DAY: The pa~ties shall alte~nate having custody of the Child f~om 9:00 a.m. until 8:00 p.m. on Memorial Day, July 4th and Labo~ Day beginning with the Fathe~ having custody of the Child on Memo~ial Day in 1999. Notwi thstanding the fo~egoing, the Mothe~ shall have custody of the Child over the July 4th holiday in 1999 f~om July 1 through July 5, with the specific times to be a~~anged by ag~eement of the pa~ties. D. MOl'BER's DAY/FATHER'S DAY: The Mothe~ shall have custody of the Child every year on Mothe~'s Day f~om 9:00 a.m. until S:OO p.m. and the Fathe~ shall have custody of the Child every year on Fathe~ls Day f~om 9:00 a.m. until 8:00 p.m. E. The holiday custody schedule shall supe~sede and take p~ecedence ove~ the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for an uninte~rl1pted one week pe~iod du~ing each summe~ upon p~oviding thirty days advance notice to the othe~ pa~ty. 5. The Mothe~ shall p~ovide autho~ization to the childca~e p~ovider to enable the Father to pick-up the Child at dayca~e in acco~dance with the custody schedule set forth in this O~der. 6. When the Father's pe~iods of custody begin on the day dudng which the Child is at daycare, the Father shall not remove the Child f~om dayca~e until 4:30 p.m.,. to enable the Mother to see the Child briefly at the dayca~e befo~e the Father's period of custody begins. 7. The party ~ecei ving custody of the Child shall be ~esponsible to p~ovide t~anspo~tation for the exchange of custody. 8. In the event the Fathe~ has to wo~k during his weekend pedods of custody with the Child, the Fathe~ shall offer the Mother the opportunity to p~ovide ca~e fo~ the Child during his periods of employment befo~e contacting third party ca~egive~s. >- VI ~; u; I.~ 1I1 r-~ c.: fj?~;-' C.! _J(_ r:\c. (:1 Lllr <" -, G: ~! , -, f-- , lJ.. C.,''' 0 C-'I 1._) Ul ..; r<! ...:l p,...; p,. ~ 8 Z e>< ~ z 0 , ~O H ..; r<! :;::>< <1)0 E-< 0 U - J~ N :;::8 88 Z Z H ..: g OZ:;< Ul H r<! :> ~-~ UO";HO ..0: '0.. P:: O...:l '.-II:.) ...:l Zr<! r<! ~ 0"'0 o..U > p,. ..0:0 Ul e"".... ,Ex- 0 Z '.-10 Ul :E: ~ l~~tE OOUZ , :> :I: ~ 8ZH ..; Z 0 0 '0 - P::";E-<Cl'I ..; ...:l CI)", !l' O...:lUNr<! :;:: r<! ~ ~ ~ o P::"; COU :r: . U I:.)r<! 'P:: 0 :;< Z I'Q I CO 0 ...:l ..; r<!:E: Cl'I:> Z 8 :r:O...:l H >< H p., 8UH 0 :;:: E-< r<! :> . :;:: Ul U Z~HOZ ..; 0 U HOUZH 8 ,.., ..0: - ~ ~r:i ~ ~~gj ~ c: Q) Q) 6 '0 c: ...:1>1...:;: .... 8- ~ '" P..Ul ..: ~ "" '" .... III tU ~..a ... 0 ;~~~~ ~ Q) ~a1 Ql .e:. 'E! ;g '" g !:: ~ ~~ = = r;.t ,,( H Q ~ Ijj\ = ' en p.. 8 _ue5~ .... c: tJg] tlII-c .... , - Cll . '71 ';1 ~ ~ HUl .... III I~ ~I t;;( lfii ~::E] ~ (J)~8 ~ > - c: 5 tw... '^ e '" u I~ III = ~'~ ~8~::11!i g~ ;:: .a C a '== mill'" ii 8~ffii:< 0"" g ~Ul ~ "'~ ...:I Ul u 8 [<lei' 1!i :c 0 I ;f~ ~ '. " ... .JAN 2"4 ZO~~\'\ ~ , .. JUSTIN LOHMAN, Plaintiff/Petitione~ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 99-829 CIVIL TERM TAMMY JOE LOHMAN, Defendant/Respondent : : CIVIL Ac.'TION - LAW : IN CUSTODY ORDER OF COURT AND Naol, this 2.5 (t day of r V1 uv 1 consideration of the attached Custody Conciliation Report, and di~ected as follows: , 2000, upon it is orde~ed 1. A Hearing is scheduled in Court Room No. -L, of the Cumberland County Court House, on the.,(.;? 1'Id.. day of 'yy)~ ' 2000, at q ~ an o'clock ~m., at which time testimon will be taken. Fo~ pu~poses of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the pa~ties shall file with the Court and opposing counsel a Memorandum setting forth each pa~ty's position on custody, a list of witnesses who a~e expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2. Pending furthe~ Orde~ of Court or agreement of the parties, the Father shall have primary physical custody of the Child and the Mother shall have a period of partial physical custody with the Child f~om January 16, 2000 through February 16, 2000. The pa~ties ag~ee that the Mother's pe~iod of partial custody unde~ this provision shall be integ~ated into the Order entered by the Court after Hearing in this matte~ ~ather than considered as additional time. 3. The Mother shall accompany the Child during the exchanges of custody under this Order and shall be responsible to pay the costs of transportation. 4. The pa~ties shall continue to share having legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-eme~gency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. BY THE COURT, cc: James J. Kayer, Esquire - Counsel for Father Jane M. Alexander, Esquire - Counsel for Mother ~-y]~.<h //~~/ 'JOM/1.u ~ ~ 1zaJJ /-~7-00 ~K.s ~ , . \ '0 (c) For calendar years 2001 and 2002, mother shall have partial physical custody for a total of 18 weeks, to be broken into three six-week periods of partial physical custody. Those periods of time are undefined at the time of the making of this order, but the parties agree that they shall reach an agreement as to each year's periods of partial physical custody no later than December 15 of the previous year. In the event that they are unable to reach an agreement, either party has the right to ask for a conciliation conference to address the issue of when those periods would occur. 3. Each party will be assured reasonable telephone access to the child when they do not have physical custody of the child, not only for the individual party but also for related family as well. 4. Each party will strive to coordinate with one another regarding the child's medical needs, and this shall include advising the other parent of the identity, location, and telephone number for any treating physician. >- cn ',.. 0:; "'c :-., ~,. wQ ~.. , , 0(0 ., L: ,_',J .. r~)fL: ":J". -"f 7 t.1 .1('," tD:":.: C'o.; , -, >.. ( , CC ~L ....;.,: {~ ( ,-, =L: h._. w_ e:: .. ) c' c..:> ej . ( . ~;:j ~~ffi .... ..... i5 li~O<j .... Iii "" :g ~.... H IU~..B-O t3ffi~, ~.~ '0 9~ J::> " r- C =,Q",~- Q) :=r;l ,,: 1Ell.H .... llh = , '" "" 8 ~(Jt3~ 0.-< ~~ tlf5l Qjl - C ...:Ill. . . ~ "a ~ ~~ E~ ~ ![i ~ a~ to;( ':'::E!3 5Qjl...-~ 80\<>:8 9 C ~ " '" = ... ~ ,- 0< &:l...:l ~~ ._ ..s Q C - l'C::: ~ ~Od,~ . gfjJ ~ Ill\~ ~g ~O\tl . :;: 8 ::E '" fiI . I z :~~ H ~ , APR 0 2 2001 /P , TAMMY J. LAPOLT-LOIIMAN, : Plaintiff . . . . vs. : : JUSTIN W. LOHMAN, . . Defendant . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-829 CIVIL TERM CIVIL ACTION - LAW CUSTODY C) c. -1." "j :'-:..i: ./ ORDER OF COORT " '. (.. -'", ~ ..: . AND ~,this ~d consideration of the attached and directed as follows: ;< ~'? 2001, Qpon;;:, is ordered day of A p..) " \ , Custody Conciliation Report, it 1. The parties shall submit themselves, their Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be perfOrmed by Pauline Wallin, unless the parties select another prOfessional by agreement. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Child. The parties shall sign any authorizations required by the evaluator to obtain additional information pertaining to the parties or the Child. All costs of the evaluation shall be shared equally by the parties. 2. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the prior Order of this Court datea May 22, 2000 shall continue in effect. 3. Within 60 days of receipt of the evaluator's custody recorrmendations, in the event the parties are not at that time able to reach an agreement as to all outstanding custody issues, counsel for ei ther party may contact the Conciliator to schedule an additional Custody Conciliation Conference. BY THE COURT, cc: Gerald S. RObinson, Esquire - Counsel for Mother James J. Kayer, Esquire - Counsel for Father ~\ t~~ O~,O~ 'Bi ,,;", -, - TAMMY J. LAPOLT-LOHMAN, . IN THE CXlURT OF OJMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 99-829 CIVIL TERM . : CIVIL ACTION - LAW JUSTIN W. LOHMAN , . . Defendant : . CUSTODY . PRIOO JUDGE: J. Wesley Oler, Jr. CUSTODY CQlCILIATIOO SUMMARY REPORT IN ACXXIUlIINCE WITH CUMBERIJ\N() COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRl'H aJRRENTLY IN CUS'lOOY OF Alyssa Lohman June 27, 1998 Father/Mother 2. A Conciliation Conference was held on March 27, 2001, with the following individuals in attendance: The Mother, Tarrrny J. Lapolt-Lohman, with her counsel, Gerald S. Robinson, Esquire, and the Father, Justin W. Lohman, with his counsel, James J. Kayer, Esquire. 3. '!'he parties agreed to entry of an Order in the form as attached. r?1 flA (Jt. d 1'-, ;j.OO / Date "7 rU.._ _11/n_~ Dawn S. Sunday, Esquire CUstody Conciliator ~~ ~~j Ol~tl -.... .w ~E-< ..., :g tl~H ~~ m ~~.aO~ 9~ ==):) e:s ~_ ~~~~ '0 ==l;rl( c:: llil = . en ~ - o-:l ~ .... Q) t1flJ llil - " tC .- oil 'T I1l . -.... . '''' ~H~ I~ ~~ F>llbi :'::E,g !:J i:i8 8..... ~ ~~ E (J... ~ = ~ " Uz Cj ::: '"" ~.- 0 ~! :.=..B S a ~I~" ..., ~mSi~~ . . ::: 8 ~ ,.., [;J 'f I z H 8lDg:: 8 ~~ ~ , .. . ~' I; SI::P 1 a 2002 " I: i I I TAMMY LOHMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. qq. '1;19 ~ Ib-- vs. JUSTIN W. LOHMAN Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Court Administrator Cumberland County Court House Forth Floor Carlisle, PA 17013 (717) 240-6222 !I ! TAMMY LOHMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. qq- f21 C.wu/~ vs. JUSTIN W. LOHMAN Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reciamados por el demandant. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Court House Forth Floor Carlisle, PA 17013 (717) 240-6222 II 'I 1 TAMMY LOHMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. q 9- S'J. 'i Cu.,J. T..u--... vs. JUSTIN W. LOHMAN Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE COUNT I AND NOW, this "'~ , 1999, comes F.._tlTlAO the Plaintiff, Tammy Lohman, by her attorney, Jane M. Alexander, Esquire, and files this day of Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Tammy Lohman, 21 years of age, who currently resides at 155 East Barrens Church Road, Dillsburg, PA 17019, Washington Township, York County, Commonwealth of Pennsylvania. 2. Defendant is Justin W. Lohman, 24 years of age, who currently resides at 528 Third Street, Carlisle, PA 17013, Cumberland County, Commonwealth of Pennsylvania. 3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on May 17, 1997 in Newville, Pennsylvania by a minister. 5. There was one (1) child born to the parties during this marriage: Alyssa Lohman, age 7 months, born June 27, 1998. 6. There were no prior actions in divorce or annulment commenced by the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. S. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Curt to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through nine (9) and Paragraphs ten (10) and eleven (11) are incorporated herein by reference and made a part hereof. II 13. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and wheresoever situate and for such further relief as the Court may deem equitable and just. COUNTY IV COMPLIANT FOR CUSTODY 15. The Plaintiff seeks primary physical and joint legal custody of the following child, Alyssa Lohman, age 7 months, born June 27, 1998. 16. The child was born during this marriage. 17. The child is presently in the custody of the Plaintiff. 18. The child has resided with the Plaintiff and Defendant from date of birth to February 7, 1999 at 528 Third Street, Carlisle, PA 17013. On February 7, 1999 Plaintiff and the child moved to 155 East Barrens Church Road, Dillsburg, PA 17019, Washington Township, York County. 19. The relationship of the Plaintiff to the child is that of natural mother. 20. The relationship of the Defendant to the child is that of natural father. 21. The Plaintiff has not participated as a party or as a witness, or in any other capacity, in other litigation concerning the custody of this child in this or any other Court. 22. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court within this Commonwealth. 23. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 24. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and joint legal custody because the Plaintiff is able to provide the child with a good environment and proper care of the child and has, during the life of the child, been the primary care giver. WHEREFORE, the Plaintiff requests your Honorable Court to grant her primary physical custody of the subject child with reasonable rights of visitation to the Defendant and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Courts . Respectfully Submitted, \ \ Verification 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. Section 4904 DATE~;Z~ j/ff7 relating to unsworn falsification to authorities. Jo.nlllf1\% ~hmlW Tammy Lo n COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Tammy Lohman who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Notarial Seal Halyard E. Alexander, NojaIy PbbIIc DlIIsburg Bora, York CoUn\y .\ f.\/ \~ommlsslOn Expires ApriI2S', 2001 .!;;:-";.":7 oerw~y1v~"i:t Association of Notaries --------.. TAMMY LOHMAN Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. qq. Y.2 9 c.u..H:.rr L-<--- JUSTIN W. LOHMAN Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this \'6 day of ~~X)-c-J ,1999, upon consideration of the attached complaint, it is hereby dlrec~ed that the parties and their respective counsel appear before , the conciliator, at (0.: on the ?'D dayof ~n\--. , 1999, at :..co....-A.M.,fora 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 subject of this custody action to the conference, but the child's/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: cfSnhf\\ J\ .J\lm~ll. Custody Conciliator ll'i:>; i.T 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 CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ry_pp iT'" ~ .#~/" ;;I?7T '? /fr.W ~ pp- ~.('> ~ f/!'~'~~ n ~~'i?e'E AlN ItINV/i/},.SNN3 -nOO r:!\IW'I""gd -.>' c=l A"Ino I ~ :c Hd cc 83.:1 66 A!:i\flONOl-ir . 30I:ldO':Q:htJ-I1 :/0 ~ ~ ['-- -- ..., ~J J >- ..:r ~ ~ ~ M 0 N i3~ e, ~ ~ ~Z g H=g x: O~ 0- ,. . ~ Vl " Xl ~~ 9:::i ..1\\1) '1 r- ~ N ..>,.>- - -- r..l.. ~, ~ " -' ..J. "I o::!oJr~ ID [E~ g- ;:= w en ll- :2; }S en 3 0" ~ ~ J~...'f.-!:~.t:'!~~.J.O~d ..............- ar~wtJlAimJli~.... ~.tv .LSN mr XN1'viCiWOO ......61'........ 66 ~f"6r'lj5vtiiJ- Ul ..0: rLI rLI 0 >-'l . 0:>< p...o: r<. E-I uo p. r<. Z Z 0 Z :>< H ..0: OrLIE-l 0 , 0 E-I 0 HUUl J - :E::>< 0 Z Z E-IP:;D '" .. :! :E:E-I E-I H rLI UOU ~ ~~~ oz Ul ..0: r<. rLI:> UD D >-'l 'rL1 UlHP:; '1 0'" 0 0:;: U p. . zo 00 ~ li!i r<.u..o: Ul ..0: P:; r<. 0 >-'l 0 :> :E: rLIrL1 0 Z , ~ O~E-I E-IZZ ..0: Z 0 ZE-IZ p:;..o:o ~ >-'l D H D>-'lH rLI r<...o: OP:;E-I U ~ . E-IO>-'l UrLlU P:; 0 :;: Z P. Pl..o: 0 >-'l H~:E: rLI:E: :> Z ..o:uo ~D>-'l H :>< H >-'l--U E-IUH 0 :E: E-I p.~ :> . :E: Ul :E:oO ~~~!2~ ~ g f1~:;: TA1\f1\IY JOE LOH..t\1AN, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, I'ENNSYL VANIA vs. JUSTIN LOHMAN, Defendant :CIVIL ACTION - LAW :CUSTODY STIJ'UI"ATION .AND AGREEMENT IIOR TEMPORARY CUSTODY Comes now, Tanuny Jo Lohman, by and through her attorney, Jane M. Alexander, Esquire. and Jmtin Lohman, by and through IUs attorney, James 1. Kayer, Esquire, who do hereby stipulate and agree upon the following: 1. Tammy Joe Lohman and Justin Lohman are the natural parents of one minor child, AJyssa Justine Lohman, date ofhirth June 27, 1998. 2. Pending fi.lrther order of court, the parties agree that they shall share temporary legal and physical custody of Alyssa Justine Lohman as set .101th below. 3. Father shall exercise his periods of physical custody with the minor child each weekend commencing Friday at 6:00p.m. until Sunday at 6:00p.m. Father shall also enjoy two evenings each week of physical custody with child, the dates and times of those evenings shall be set forth between the parties as they can agree. 4. Mother shall exercise her periods of physical custody ofthe minor child at all other times 5. The parties shall share legal custody of the minor child. ." 6. 1'he parties agree and stipulate that tlus division of custody and this particular schedule shall not establish a prec.edent for any future award of custody and does not prejudice either parent's custodial rights in any malUler. 7. The parties !lgree that this sc.hedule shall remain ill effect until further agreemcnt of the patties or further order of this court 8. All custody transfe.rs shall occur e.ither at the parties' marital home located at 528 3'. Street or at the mother's tcmporary resideny at 155 East Barron's ~hurch Road, Dillsburg, PA ! ~ II/. Joe; i Jane M. ,ander, squire ~ ! ! ?iff /11_ Date ~ !-l::.b ~ b199~ TAMMY JOE LOHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 99-829 JUSTIN LOHMAN, Defendant : CUSTODY ORDER OF COURT AND NOW, this ~ day of y\I( 2JcL If , 199~ it is decreed that the Stipulation and Agreement for Temporary Custody that has been executed by the parties named above shall be made an Order of this Court. The Court of Common Pleas of Cumberland County shall maintain jurisdiction in this matter. BY THE COURT, 1. cc: James 1. Kayer, Esquire Attorney for Plaintiff ) A)~c <- ",,,-, l.:<L~!-i/19 Jane M. Alexander, Esquire Attorney for Defendant \lINV^lASNN3d AlNnO:J C\!~H;SI/jn:J 10:8 Hd Z-Wm65 llJ\./lO"\'OU"':l' .;.:' :10 ^ay. J '; 11.:.1.....'-1.; _I' d. 301:W-03ll:l " .' . TAMMy LOHMAN, Plaintiff : IN THE COURT OF C'Q\1M()N PLEAs OF : CUMBERLAND COUNTy, PENNSYLVANIA NO. 99-829 CIVIL TERM : CIVIL ACI'ION' - LAW vs. JUSTIN w. LOHMAN, Defendant : IN CUSTODY aIDER OF CXXlRT o f; ;:g -, OJ r f'"ij Z~n Zr:;," ~~":;: f;.:b ):;; -, ~c..J 'iO Pc:: ~ AND lQi, this 1-fL day of consideration of the attaC!le<r-Custody and directed as follows: Itlf"l '. . Conc~h bon Report, 1. The Mother, Ta!lIny Lohman, and the Father, Justin W. Lohman, shall have shared legal custody of Alyssa Lohman, born June 27, 1998. Each parent shall have an equal right, to be exerciSed jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being inClUding, but not limited to, all decisions regarding her health, education and religion. 2. The parties shall share haVing phYSical custOdy of the Child in aCcordance with the fOllOWing two week CYCle schedule: A. ImEK I: The Father shall have custody of the Child from Friday at 4:30 p.m. through Sunday at 6:00 P.m. The Mother shall have custody from Sunday at 6:00 P.m. through TueSday at 4:30 p.m. The Father shall have custody from Tuesday at 4:30 P.m. through Friday at 4:30 P.m. B. ImEK II: The Mother shall have custOdy of the Child from Friday at 4:30 P.m. through Sunday at 6:00 P.m. The Father shall have custody from Sunday at 6:00 P.m. through TueSday at 4:30 P.m. The Mother shall have custOdy from TueSday at 4:30 p.m. through Friday at 4:30 P.m. c. This schedule shall continue thereafter alternating between \.0 \.0 .bIt .." ;0 I \.0 o ""rt -, ,"J:=n tl1p::= '~,m "'0 '.::'6 ~ '--r i}:;r:J <:0 on; ;t -.;; ~.. ~ .. 3. The parties shall share or alternate having custody of the Child on holidays as follows: WEEK I and WEEK II, beginning with the Father having custody of the Child during WEEK I on Friday, April 2, 1999. A. EilSTER: In every year, the Father shall have custody of the Child from the Friday before Easter at 4:30 p.m. through Easter Sunday at 4:00 p.m. and the Mother shall have custody of the Child from Easter Sunday at 4:00 p.m. through the fOllowing Monday at 4:30 p.m. B. ~: The parties shall alternate having custody of the Child on Thanksgiving Day from 9:00 a.m. until 8:00 p.m., with the Father having custody during Odd numbered years and the Mother having CUstody during even numbered years. C. ~ DAY, JULy 4TH, ~ DAY: The parties shall alternate having custody of the Child from 9:00 a.m. until 8:00 p.m. on Memorial Day, July 4th and Labor Day beginning with the Father having custody of the Child on Memorial Day in 1999. Notwithstanding the foregoing, the Mother shall have custody of the Child over the July 4th holiday in 1999 from July 1 through July 5, with the specific times to be arranged by agreement of the parties. D. MCr~1:It:R'S DAY/FATHEa'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 8:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:00 p.m. 4. Each party shall be entitled to have custody of the Child for an uninterrupted one week period during each SUlll1ler upon providing thirty days advance notice to the other party. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Mother shall provide authorization to the childcare provider to enable the Father to pick-up the Child at daycare in accordance with the custody schedule set forth in this Order. 6. When the Father's periods of custody begin on the day during which the Child is at daycare, the Father shall not remove the Child from daycare until 4:30 p.m., to enable the Mother to see the Child briefly at the daycare before the Father's period of custody begins. 7. The party receiving custody of the Child shall be responsible to provide transPOrtation for the exchange of custody. 8. In the event the Father has to work during his weekend periods of custody with the Child, the Father shall offer the Mother the Opportunity to prOVide care for the Child during his periods of employment before contacting third party caregivers. 9. "'. l>>rti~ "aU """U_ to _to in a"_,,,, to ,."" ~ agreement on CUstody arrangements for the Christmas hOliday. '0. Aft., the '""'~ "'~ full_ the -tody ...,""',. ~t ,_ in thi. ""'" ,~ a """"" OX at '_t t..... -the, """-' ,~ .'the, '"'" mo, """toot the eono"ia,., to "'"-'". ., Odd'ti,"", COo,"""," " .,""' party believes it is necessary. ll. "',. ""'" in "''''''' ""'_t to ., _t OX the '""'to at a ""'- ,,"","au.. COo,""",". "'" '""'to .." _", the _i.,_ 0' th,. ""'" by ""to' ""'-t. '" the ...._ OX ..tto.! "'-t. tho '""- of this Order shall control. BY THE COURT, cc: Jane M. Alexander, Esquire _ Coun el for Mother James J. Kayer, Esquire - Counsel for Father J. , C61':-<~J~ f/I~/9'f . ..sJl.~ TAMMY LOHMAN, : IN THE COURT OF COMMoN PLEAs OF Plaintiff : CtJMBERLAND COUNTy, PENNSYLVANIA : vs. : NO. 99-829 CIVIL TERM JUSTIN W. LOfIMAN , CIVIL ACl'ICW - LAW Defendant : IN CUSTODY PRIOO JUDGE: J. Wesley, Oler, Jr. ~ CXlIX:n.IATI~ ~ REFcRr IN ~ WITH <nmERr.ANo CXXN.ry RULE OF CIVIL PROcEIxJRE 1915.3-8, the undersigned Custody Conciliator submits the fOllowing report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME - Alyssa Lohman DATE OF BIR'lB ~YIN~OF June 27, 1998 Mother/Father 2. A Conciliation Conference was held on March 30, 1999, with the following individuals in attendance: The Mother, Tanmy Lohman, with her counsel, Jane M. Alexander, Esquire and the Father, Justin W. Lohman, with his counsel, James J. Kayer, Esquire. 3. The parties agree to entry of an Order in the form as attached. f(tct..-...dl a /. J 9 '7 "} Date . O~~d Dawn S. Sunday, Esqui Custody Conciliator JUSTIN LOHMAN, Plaintifii'Petitioner v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA : NO. 99- 829 CIVIL TERM : CIVIL ACTION - LAW TAMMY JOE LOHMAN, Defendan~espondent : IN CUSTODY PRETRIAL MEMORANDUM OF PLAINTIFF Date of Conciliation: May 22, 2000 9:30 a.m. To: Honorable J. Wesley Oler Submitted by: James J. Kayer, Esquire Kayer and Brown 4 East Liberty Street Carlisle P A 17013 (717) 243-7922 It,ift I <~ JUSTIN LOHMAN, Plaintiff/Petitioner v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA : NO. 99- 829 CIVIL TERM CIVIL ACTION - LAW TAMMY JOE LOHMAN, DefendantJRespondent IN CUSTODY PRETRIAL MEMORANDUM I. BRIEF FACTUAL HISTORY The parties to this action were married on May 17, 1997 and divorced in late 1999. As a result of this union, one child, Alyssa Lohman Was born on June 27, 1998. The parties initially separated in February 1999, at which time the mother filed a petition for custody at the same time she filed for divorce. This matter was referred to the custody conciliator and as a result of their initial conciliation conference the parties were able to work out an agreement which is summarized in the Court's April 9, 1999 Order whereby the parties shared legal and physical custody of Alyssa. During the period of time between April I I, 1999 and November 1999 the mother took less and less advantage of her periods of custody of the child due to other priorities. The father willingly accepted the additional time that he spent with the child and the parties were able to communicate and coordinate fairly well with one another for the purpose of custody transfers. During November 1999, the mother took a trip to California and left the child behind with the father. This trip was described to the father to initially be temporary in nature; however, the mother sUbsequently informed the father that she intended to find work and intended to remain in California. As a result of this substantial change, the father filed a petition to modifY custody on December 5, 1999, to address this significant change. A conciliation conference was scheduled for January 13, 2000, and the parties both attended. They were not able to resolve their differences at the conference; however, the parties were able to agree that on an interim basis the mother was to have a period of one month with the child in California from January 16, 2000 to February 16, 2000. The Custody Conciliator improperly characterized the father's position of agreeing to a one-month period of custody as an "ultimatum", It may be that the conciliator did not adequately understand the father's position that he was concerned about allowing for a longer duration of time in California without being provided with adequate proof as to the stability of the mother's situation and the quality of her accommodations. The father's concerns regarding the stability of the mother's residential and work history are based upon his observations of the mother's apparent inability to maintain steady employment or continue to reside in a single home for any significant period of time. II. WITNESS LIST Justin Lohman. Father - Justin wiII testifY concerning his relationship with the child and his causes for concern regarding the Care and attention that the child receives from her mother. He wilI also testifY regarding his concerns regarding the mother's emotional and financial stability and the harm that would be caused by removing the child for a significant period of time from all of her friends and family that she has in Central Pennsylvania. Barbara Lohman. Paternal Grandmother - Barbara wiII testifY concerning conditions at the father's home, the relationship between the child and her father and her observations and concerns regarding the mother. Larrv Lohman. Paternal Grandfather - Larry wiII testifY concerning his observations of interactions between the child and her father. Tonva Lohman. Father's sister-in-law - Tonya will also testifY concerning her observations of interactions between the child and each of the parents. Dav Care Providers. (Paulette and Rhondaj - These witnesses will testifY regarding their observations of the child's appearance, behavior and development as well as their observations of interactions between parent and child. Paulette is the child's current teacher at the Carlisle Early Education Center and Rhonda was the Day Care Provider selected by the mother while she still resided locally. Richard Burkholder. friend of the father - Richard can serve as a character witness. The Petitioner reserves the right to supplement his witness list with individuals listed by the respondent. III. RELIEF SOUGHT Petitioner, Justin Lohman, seeks an order mOdifYing the existing Custody Order whereby he would be provided primary physical custody rights of the child. Legal custody would continue to be shared between the parties. It is the father's position that this case should be treated as a relocation case as the mother is seeking to pursue at least shared physical custody of the child if not moving the child primarily out of Pennsylvania and to California. Pursuant to the standards set forth in Gruber, the father believes that the mother failed to meet the Gruber standard whereby she must demonstrate that the motives for her proposed relocation are genuine, and that the relocation would result in an actual improvement in the child's life, and that an adequate substitute custody and visitation schedule can be provided to the father. In the case before the court, the mother deceptively left the area abandOning the child based upon the ruse that she was taking a temporary trip. She now seeks to remove the child from the area primarily, or alternatively, for a substantial period of time equal to a SO/50-custody distribution. She seeks this relief despite the fact that the child has no significant contact to California other than the mother's presence there. All of the relatives from both families reside in South Central Pennsylvania. The child has never been removed from south Central Pennsylvania for any length of time other than the one month afforded to the mother as a result of the Court's January 2000 Interim Order. The father has demonstrated his aptitude at being the primary care taker for the child. The mother apparently had no objection to the father's ability to care for the child when she left the child with him at the time that she took her California trip and she has made no allegations in any pleadings as to the father's inability to adequately care for the child. The child has developed a routine that allows her to socialize with individuals of her own age and receives a pre-school education. For these reasons, the father seeks an Order that would provide the mother with significant periods of time, up to three one month periods of time for the child to spend with the mother in California until the child begins Kindergarten at which time the mother's period of custody should be modified so that it occurs during the child's summer vacation. As it was the mother's voluntary act to relocate to California, it is the father's belief that all costs and other logistical requirements to allow for transfers of custody should be borne solely by the mother. A provision should be included within the Order that allows the mother to have periods of partial physical custody with the child at anytime that she returns to visit South Central Pennsylvania so long as she provides the father with adequate notice of her intention to return to the area and exercise her rights to these periods of physical custody. Respectfully submitted, Date: J ( Il( 06 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing PRETRIAL MEMORANDUM was served on the following persons by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Jane M. Alexander, Esquire 148 South Baltimore Street PO Box 421 Dillsburg, PA 17019-0421 and Honorable J. Wesley Oler Jr. 1 Courthouse Square Carlisle P A 17013 7 lIe( 00 Date CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing PRETRIAL MEMORANDUM was served on the following persons by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Jane M. Alexander, Esquire 148 South Baltimore Street PO Box 421 Dillsburg, PA 17019-0421 and Honorable J. Wesley Oler Jr. 1 Courthouse Square Carlisle P A 17013 Date James J. Kayer, Esquire 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 (717) 243-7922 JUSTIN LOHMAN PLAINTIFF/PETITIONER va IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY JOE LOHMAN DEFENDANT/RESPONDENT NO: 99-829 CIVIL TERM CIVIL ACTION LAw IN CUSTODY I. HISTORY OF THE CASE PRETRIAL MEMORANDUM OF DEFENDANT Newville, PA. The parties to this action were married May 17, 1997 in A child, Alyssa was born January 27, 1998. The parties began having marital difficulties in late 1998 and separated February 7, 1999. The Mother took the child with her and moved to Washington 1999 and included in her petition was a petition for custody. Township, York County, PA. She filed for divorce on February 12, April 9, 1999. which was confirmed by Court Order of JUdge J. Wesley Oler, Jr. on conciliation hearing on March 30, 1999. An agreement was reached The parties appeared before Dawn S. Sunday, Esquire for a day care, general care of the child including her medical needs, From April to November the parties had many problems regarding of view, interference of the paternal grandmother. and there was the constant and unwelcome, from the Mother's point Because of the constant agitation of the Father and his mother and the entry level job she had in the area, Mother decided to visit California in November 1999. She went to California November 11, 1999 intending to go only as a vacation. She did not take her daughter with her because Father refused to give her permission to take her daughter with her. Mother had, as early as September, talked to father about her interest in moving to California and discussed a shared custody agreement. When she arrived in California she was offered a jOb at a higher rate of pay and she contacted her counsel to open a discussion on jOint custody. A letter was written by Mother's Counsel on November 17, 1999. By letter of November 24, 1999 Father's Counsel advised that Father would not agree to a 50/50 Custody arrangement. Father filed a Petition to Amend the Custody Order on December 5, 1999. The parties again appeared before the conciliator on January 13, 2000. Mother was able to have the child with her in California from January 16 to February 16, 2000. Since her moving to California she has been steadily employed and now has a full time jOb with benefits. She is residing in a new home with her boyfriend Steve and his relatives Marty and Debbie. Throughout the period from February to May Mother and Father have been discussing shared custody but Father's idea is three or four months in California not consecutive, with Mother paying all transportation costs. Mother has been requesting joint custody of alternating three month periods. Also, Mother through her counsel has requested that Father sign the Affidavit to complete the divorce as there are no property issues to be resolved. Mother's Affidavits were filed February 8, 2000 but Father has refused to sign his. II WITNESSES TO BE CALLED TAMMY J. LOHMAN Natural mother of the child who will testify as to her care of the child, her reasons for moving to California, the reasons for and benefits to be gained by the child in a 50/50 custody schedule. VERLA LEHMAN Woman who raised Mother. Her observations of the interactions of mother and father, the type of care given the child by each of the parents. III PROPOSED RESOLUTION Mother believes that the child needs the love, affection and contact with both parents and during her pre school years this can best be accomplished by the parties having shared legal and physical custody. The child can spend three months with one parent and then three months with the other. The non custodial parent should have frequent telephone contact with the child. Mother, by reason of securing a full time permanent job and having a house with generous space for a child can provide a stable loving environment for the child. But she also believes that the Father should have equal time with his child but, given his working schedule and other commitments, it is his parents, not he, who would be providing the majority of the care and supervision of the child. If Mother is to be the one fully responsible for transportation costs that is a heavy price to pay to only be able to see her daughter three or four months out of the year. The child apparently suffered no ill effects from her one month visit to California so she adapts well to the environment in which she is placed. A fiftY/fifty custody schedule is in the best interest of the child. Respectfully submitted: Street TAMMY LOHMAN , PLAINTIFF In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 99-829 Civil. 19 99 JUSTIN W. LOHMAN, TN DTVORCF: "ND CtlS'1'OnV DF:FF.NDANT It is requested that the Complaint in the above-captioned case filed February 12, 1999 be reinstated. To La'tlrence E. Welker ProulOnoUlry March IP' No. 99-829 Term, 19 ~ AlED{)FF!CE OF 11-!E PR011-!ONOTARY 99M^R19 P~11:28 Tammv Lohman. Plaintiff vs. CU' iiY'" ..... ('''; "ITV M~,;::r1J.\:\iU ~jUL.rI\l j I PENi~SYLVA.I'ji/\ Justin W. Lohman. Defendant PRAECIPE Filed 19_ , Ally. II . TAMMY LOHMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 99-829 Civil Term JUSTIN W. LOHMAN Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ACCEPTANCE OF SERVICE One this 11th day of /Vi /1 /"h , 1999, I, James J. Kayer, Esquire, attorney for the Defendant, Justin W. Lohman, hereby accepts service of the Complaint in Divorce and Custody in the above-captioned case filed February 12, 1999 and reinstated March 19, 1999. DEe - 1 1999 JUSTIN LOHMAN, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA -' v. : NO. 99- 829 cIVIL TERM : CIVIL ACTION - LAW TAMMY JOE LOHMAN, DefendantlRespondent : IN CUSTODY AND NOW, tID' ---=:L- "" o'l><""'b~ 1999, _ ro""""..on of"" _bod P..tlo~ " " "",by _"" """ Ih< P""'" .,d ilici< ",""",vo ro-I ",,,"" ""m< tJ::!.,D0' '" "'~ ' "",,,",,, C""",y Con,m"o<, 1"",101 " "B '" ~"N<'I*t""\L""~" 'Iv \" of, '0" ' 2000, ,I r, pC> o'oI",k ~,M.. '0< , p,o-U""'" C,""'" C_, At ,"", """"""",, M clfurt will "" ..... to _Ive Ih< i~"'" i, ORDER OF COURT di",""'; 0< if\hi> _"' "" _mpli_ to defmo .,d _W Ih< i~"'" to "" '"'"" by Ih< wort, Md " ,mot intn ,tom,- ,roo<, All ,\ill""" ,go five 0< ,I"" '""'.., b'''-. iii' """_00, F.1on to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: r\.~~\~ J~)Jul~~. Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N HAVE A LAWYER OR CANNO'f AFFORD ONE, GO TO OR TELEPHONE THE OFFICE S FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AMERICANS WITH D~AB~ITmSACTOFl~O The CoUrt of Co <\men"" . . """" PI.. of C"""",,,,, Co h.. . ' "'~ n"'bill'", 4~ of 19", F. . ""., """"- b, ~w '0 '""'PI, "'~ ~ """"-.. '''''fubJ,,, -101 ~'m.~fo",::,,? '''''''' -"'bl, ""ill,,,, "" -b/: Ail -''''''''. "''"' "_,, 1"", 72 ho", "'g - "fure.. """" Pl_ "'- ""' oili~. "''"' 'ff"", .. "'b",Wod ~ " ...~ pn" '0 "'" '""", " b_ """" .. 00"". y," . ~mg. James 1. Kayer, Esquire Attorney for Plaintiff 4 East Liberty A venUe Liberty Loft Carlisle, P A 17013 (717) 243-7922 CC: James J. Kayer, Esquire Attorney for Plaintiff Jane M. A1eXlllJder, Esquire Attorney for Defendant - ~..~.......... .'l'N 1'lIE COUR,1' 'C,"^",E~ g:;~"":N 'LE.,s OF .' 'No , "NJvsYL V A.'NLA . 99. 829 "1 .' CIVIL AC1'/,O'" CIVIL 1'ERM .' 'v . LA W .' l'N CUS1'ODy ~ A.'ND NOW t", , "IlS _____ . . ------- day of ',,",,0. ~" dlj; D.e."''''''l999 0, ~, h I, ho,.,b ' "Po. """"I"""",,,,, of COllfjl'1n t" t . , 0",,,"" """ " "" ''''h;O'~'s "'a llelthe "'ep,,_' , l' Party sh~" -LIes CUstOd 0 . ., ""'0', " . , """""'_ PouJ'''s f""h - ""id Ii,,- " -0_ '0 er Order of t'" ." "'e C01h~ . ~''''''''' 4/J O'~""""""~ Of , ","",. fu fuJI r. "'" '"P<<" of th eIlIJSY117ania 0,", "'" "" , C""", . . '" ',,"hI 9, 1"'0 1'der sha}1 J(JS1'l'N LOlIA1AJv, P1ailltitrIPetitioller 17. ~D . , 'tl l' A.A1A1y JOE LOlIAt. DAN, efelldant//> ~ "-esPolldellt 8y the CoUrt l1les J Xa" '0 . J er, EsqUire . 11Jey fOr P1ailJtiff M. A1exllLJder Esq . lJey for D<" ll1re e,elldant 1. ~,,~ h..-. L/~ . #'V '?- "p'_Z'I;,' "'lP,/ P~:II/- t'1 ~ fiP<7-,~:~ ~ P~'P/-t?1 ~ frv:?- /t7'~W ~.~ ~~ 'fi/.(9' VIM/;n~SNN3d )JNnOQ C"V7!HEWvno 9/ :2: lid !, J J 'n 6 . , .:iu.5 "'-W1G/v"'!'-,!,-:", , , ....'.""..\./,0".-1 .....'i --'0 :1"'1 I. I,' ....~~_..., '..~ ~\... J JM',\..r' U:j lid JUSTIN LOHMAN, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 99 - 829 CIVIL TERM : CIVIL ACTION - LAW TAMMY JOE LOHMAN, Defendant/Respondent : IN CUSTODY PETITION TO MODIFY CUSTODY COMES NOW, Plaintiff/Petitioner, Justin Lohman, by and through his attorney, James 1. Kayer, Esquire and who do hereby aver as follows: 1. PlaintifflPetitioner is Justin Lohman, an adult individual, residing at 528 3rd Street, Carlisle, Cumberland County, Pennsylvania 17013, and is the father of one child, Alyssa Lohman, born June 27, 1998. 2. Defendant/Respondent is Tammy Joe Lohman, an adult individual who is residing at an unknown address in the state of California. She is the mother of Alyssa Lohman, the subject child to this action. 3. The parties entered into an agreement, which was made an Order of Court on April 9, 1999 regarding each party's custodial rights pertaining to Alyssa Lohman. A copy of that Order of Court has been attached hereto and designated as Exhibit A. 4. The parties shared physical and legal custody of Alyssa Lohman pursuant to the terms of the April 9, 1999 Court Order until late November, at which time Defendant/Respondent relocated from her residence in Pennsylvania to California. 5. Since her departure to California, the Defendant/Respondent has not had any actual physical custody of the child. 6. Defendant/Respondent has communicated her intention to permanently reside in California. 7. Defendant/Respondent is due to return to the Central Pennsylvania area prior to the Christmas holiday. 8. Plaintiff/Petitioner is concerned that Defendant/Respondent may attempt to remove the child from the Commonwealth of Pennsylvania without his consent fhereby depriving him of his custodial rights, an action that would not be in best interest of the child. 9. Given fhe change of circumstances indicated above, the terms set forth in the Court's April 9, 1999 Order which established a by-weekly shared custody schedule can no longer be followed by the parties. WHEREFORE, PlaintifflPetitioner requests the Court to grant fhe following relief: a. To schedule a conciliation conference so that the parties might be able to resolve the issue of custody wifhout need of further litigation; b. That fhe Court issue and injunction preventing either parent from removing fhe child from fhe Commonwealth of Pennsylvania without the express advance written permission from the other parent; c. Such ofher relief as this Court deems appropriate. Respectfully submitted, KA YER & BROWN Date l~/J/1tl . James;. Kaye Suprdn/Je Ct. . #50838 4 East~ibe Avenue Carli~e; PA 17013 (717) 243-7922 Attorney for Plaintiff VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. 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: tV () II 2 0; , 1999 ( TAMMY LOHMAN, Plaintiff IN THE CXlURT OF COMMON PLEAS OF : CUMBERLAlID COUNTY, PENNSYLVANIA : vs. : NO. 99-829 CIVIL TERM : CIVIL ACTION - LAW JUSTIN W. LOHMAN, Defendant : IN CUSTODY AND ~, this q +L day of /cl f ,', t consideration of the at~Custody Concili tion Report, and directed as follows: (") l..O G I-D -.~.. ~ s2t:i.) - ;j :!-::':C I c-::' .~: l.D !..-."2c:; -"~ ,~~C) :T ~C~ >~~ ~ -j :n -< <::> , 1999, upon it is ordered (") '0 ::..1 ~";1 ;:2 '..,rn o:'y ~~~ () ~'r; =Fi 'cJi',) on1 'l;! :.0 -< OODER OF <XXlRT 1. The Mother, Tarrmy Lohman, and the Father, Justin W. Lohman, shall have shared legal custody of Alyssa Lohman, born June 27, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child 's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The parties shall share having physical custody of the Child in accordance with the following two week cycle schedule: A. WEEK I: The Father shall have custody of the Child from Friday at 4:30 p.m. through Sunday at 6:00 p.m. The Mother shall have custody from Sunday at 6:00 p.m. through Tuesday at 4:30 p.m. The Father shall have custody from Tuesday at 4:30 p.m. through Friday at 4:30 p.m. B. WEEK II: The Mother shall have custody of the Child from Friday at 4:30 p.m. through Sunday at 6:00 p.m. The Father shall have custody from Sunday at 6:00 p.m. through Tuesday at 4:30 p.m. The Mother shall have custody from Tuesday at 4:30 p.m. through Friday at 4:30 p.m. C. This schedule shall continue thereafter alternating between WEEK I and WEEK II, beginning with the Father having custody of the Child during WEEK I on Friday, April 2, 1999. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. EAS'l'BR: In every year, the Father shall have custody of the Child from the Friday before Easter at 4:30 p.m. through Easter Sunday at 4:00 p.m. and the Mother shall have custody of the Child from Easter Sunday at 4:00 p.m. through the following Monday at 4:30 p.m. - B. TBANKSGIVlNG: The parties shall alternate having custody of the Child on Thanksgiving Day from 9:00 a.m. until 8:00 p.m., with the Father having custody during odd numbered years and the Mother having custody during even numbered years. C. MFKIUAL DAY, JULY 4TH, LABOR DAY: The parties shall alternate having custody of the Child from 9:00 a.m. until 8:00 p.m. on Memorial Day, July 4th and Labor Day beginning with the Father having custody of the Child on Memorial Day in 1999. Notwithstanding the foregoing, the Mother shall have custody of the Child over the July 4th holiday in 1999 from July 1 through July 5, with the specific times to be arranged by agreement of the parties. D. MCf.l'BER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 8:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for an uninterrupted one week period during each sunmer upon providing thirty days advance notice to the other party. 5. The Mother shall provide authorization to the childcare provider to enable the Father to pick-up the Child at daycare in accordance with the custody schedule set forth in this Order. 6. When the Father's periods of custody begin on the day during which the Child is at daycare, the Father shall not remove the Child from daycare until 4:30 p.m.,. to enable the Mother to see the Child briefly at the daycare before the Father's period of custody begins. 7. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 8. In the event the Father has to work during his weekend periods of custody with the Child, the Father shall offer the Mother the opportunity to provide care for the Child during his periods of employment before contacting third party caregivers. 9. The parties shall continue to cooperate in attempting to reach an agreement on custody arrangements for the Christmas holiday. 10. After the parties have followed the custody schedule set forth in this order for a period of at least three months, counsel for either party may contact the Conciliator to schedule an additional Conference if either party believes it is necessary. 11. This order is entered pursuant to an agreement of the 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, I cc: Jane M. Alexander, Esquire - Counsel for Mother /l ~ ~ef, 4p_/9'f . James J. Kayer, Esquire - Counsel for Father - ~(f -.. ".g. f'. J. TAMMY LOHMAN, : IN TaE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-829 CIVIL TERM JUSTIN W. LOHMAN, CIVIL ACTION - LAW Defendant : IN CUSTODY PRIm.JUDGE: J. Wesley, Oler, Jr. CUSTODY CCNCILIATICE &H4ARY REI.'(RT IN Aco:tIDANCE WITH cumERLAND <XXlNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH alRRENl'LY IN CUSTODY OF Alyssa Lohman June 27, 1998 Mother/Father 2. A Conciliation Conference was held on March 30, 1999, with the following individuals in attendance: The Mother, Tamny Lohman, with her counsel, Jane M. Alexander, Esquire and the Father, Justin W. Lohman, with his counsel, James J. Kayer, Esquire. 3. lhe parties agree to entry of an Order in the form as attached. ('('W--t.CJ1 <3/. /9 9 CJ Date . Da~~ Custody Conciliator CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing PETITION TO MODIFY CUSTODY was served on the following persons by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Jane Alexander 148 South Baltimore Street POBox 421 Dillsburg PA 17019-0421 Date /"[ /'7/q Cf- '- JUSTIN LOHMAN, Plaintiff/petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 99-829 CIVIL TERM vs. : CIVIL ACTION - LAW : IN CUSTODY TAMMY JOE LOHMAN, Defendant/Respondent OODER OF COORr AND NCI'I, this 2. > (t day of -:r VI V>.v '1 consideration of the attached Custody conciliation Report, and directed as follows: , 2000, upon it is ordered 1. A Hearing is scheduled in Court Room No. I ,of the cumberland County Court House, on the.?;? lid... day of 'yy)~ ' 2000, at .!i '. .1n o'clock ..,ym., at which time testimon will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a summary of the anticipated testimony of each wi tness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2. Pending further order of Court or agreement of the parties, the Father shall have primary physical custody of the Child and the Mother shall have a period of partial physical custody with the Child from January 16, 2000 through February 16, 2000. The parties agree that the Mother's period of partial custody under this provision shall be integrated into the order entered by the Court after Hearing in this matter rather than considered as additional time. 3. The Mother shall accompany the Child during the exchanges of custody under this order and shall be responsible to pay the costs of transportation. 4. The parties shall continue to share having legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. BY THE COURT, ~ ~;w;JJ /-;<7-00 ~K.s cc: James J. Kayer, Esquire - Counsel for Father Jane M. Alexander, Esquire - counsel for Mother .-r~ ~ f')v . -If!, Mil .d./ I j,)J, / 'J DIJ()~ - 'tiNI'1t7ASNN3d AlNnOJ CJ\';l7i:!::;9Vmo cU :t; J<fd 9c N~'i' 00 It '!--'IO'.fl)'''' "c'I'. , .."" '0 /\CJV..l.. it ill:,.F\'_, .. "'l :[1 3J/J,;?J'Qjli~' .. . '- . JUSTIN LOHMAN, Plaintiff/Petitioner vs. : IN THE Q)ORT OF <::oMMeN PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA : TAMMY JOE LOHMAN, Defendant/Respondent : NO. 99-829 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY PRIoo JUDGE: J. Wesley Oler, Jr. CUSToDy <niCILIATIGl SlMfARy ~ IN ACCamilNcE wr.m CI.I'IBERr.ANn CCXm'Y RULE OF CIVIL PROcEIxnm 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME - Alyssa Lohman DATE OF BIRTH ~Y IN CUSToDy OF June 27, 1998 Mother/Father 2. A Conciliation Conference was held on January 13, 2000, with the following individuals in attendance: The Father, Justin Lohman, with his COunsel, James J. Kayer, Esquire, and the Mother, Tanrny J. Lohman, with her counsel, Jane M. Alexander, Esquire. 3. This Court previously entered an Order in this matter on April 9, 1999 based upon the parties' agreement to share physical custody on an equal basis. In November 1999, the Mother moved to California with her boyfriend and the Father filed this Petition to establish new custody arrangements. The parties were not able to reach an agreement as to custody under the present circumstances and it will be necessary to schedule a Hearing. 4. The Mother's POsition on custody is as follows: The Mother indicated that she had attempted to work out custody arrangements prior to traveling to California for a visit, which tUrned out to be a permanent relocation. The Mother stated that she has now established herself in California by obtaining employment and purchasing a new home which is currently in the process of construction. The Mother believes that it is in the Child's best interest to have as much contact with both parties as possible considering the cost of airline travel between Pennsylvania and California. The Mother proposed that the parties share having custody of the Child on an alternating 3 month basis. The Mother was willing to give the Father 3 month periods which would include all the major holidays. The Mother stated that she would be willing to pay the costs of transportation for exchanges of custody. .. .. 5. The Father's position on custody is as follows: The Father was adamantly opposed to the Mother's proposal of alternating custody on a 3 month basis. The Father expressed concern that the Mother has stability problems which affect her ability to properly care for the Child. The Father stated that he is not interested in sharing physical custody and is opposed to prolonged periods during which he would be unable to monitor the Child's well-being. The Father proposed that he have primary physical custody of the Child with the Mother to have custody for 2 nonconsecutive 2 week periods. The Father was not willing to consider additional time for the Mother beyond the 1 month ultimatum. The Father indicated that he had many questions and concerns regarding the Mother's situation in California especially as he has never met the man with whan the Mother is currently residing. (The Mother agreed to arrange a meeting and otherwise provide the information the Father requests.) 6. After much discussion at the Conference, the parties were able to agree on a 1 month period of custody for the Mother as she is returning to California on January 16 and has not had custody of the Child since NOVember when she moved to California. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter and providing temporary arrangements. It is expected that the Hearing will require one day. ({:L~/ j. .~ Dawn S. Sunday, Esqui Custody Conciliator Date ,J~U^~'t ) R-. :;)000 , - , JUSTIN LOHMAN, Plaintiff/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY TAMMY JOE LOHMAN, Defendant/Respondent: No. 99-829 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of May, 2000, upon consideration of Plaintiff's petition for modification of custody with respect to the parties' child, Alyssa Lohman (date of birth, June 27, 1998), and pursuant to an agreement of the parties reached in open court in the presence of their counsel, James J. Kayer, Esquire, on behalf of the Plaintiff, and Jane M. Alexander, Esquire, on behalf of the Defendant, with respect to all issues except transportation costs for years following 2000, it is ordered and directed as follows: 1. Legal custody of the parties' child shall be shared. 2. With respect to physical custody of the parties' child, it is ordered and directed as follows: (a) Primary physical custody of the child shall be with the father. (b) Mother shall have rights of partial physical custody for calendar year 2000 from May 24 through July 9, and from November 4 through December 16. , \ (c) For calendar years 2001 and 2002, mother shall have partial physical custody for a total of 18 weeks, to be broken into three six-week periods of partial physical custody. Those periods of time are undefined at the time of the making of this order, but the parties agree that they shall reach an agreement as to each year's periods of partial physical custody no later than December 15 of the previous year. In the event that they are unable to reach an agreement, either party has the right to ask for a conciliation conference to address the issue of when those periods would occur. 3. Each party will be assured reasonable telephone access to the child when they do not have physical custody of the child, not only for the individual party but also for related family as well. 4. Each party will strive to coordinate with one another regarding the child's medical needs, and this shall include advising the other parent of the identity, location, and telephone number for any treating physician. 5. For calendar year 2000, the parties have agreed that the mother shall solely bear the costs of transportation, and shall be the one to accompany the child on all trips between households. 6. For calendar years 2001 and 2002, the parties have agreed that the mother shall be the individual to accompany the child on trips between households. 7. With respect to transportation costs relating to the exchanges of custody of the child in the years 2001 and 2002, during which exchanges the mother shall chaperone the child, the transportation expenses of the child shall be shared equally by the parties, and the mother shall be responsible for her own expenses. By the Court, James J. Kayer, Esquire For the Plaintiff J .Wesley 01 , ~~4-0~ 1{~3 Jane M. Alexander, Esquire For the Defendant wcy TAMMY J. LAPOLT-LOHMAN PLAINTIFF V. JUSTIN W. LOHMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 99-829 CIVIL ACTION LAW IN CUSTODY AND NOW. ilil, "" m, of '~"'" 2001. _ _""""" ,f ili.."",ho! Comp'I". I< I, h~by d,="" "', ili, -" "'" lhoi, """"" """"" ~ bofoc, Do_ "'''''Y. .... . ili, _1<,,, " "W."Wo '-. -.-.... PA "'" " '" ... d., ,""'''"'' . 2001. "'''' ,~ foc '1're-H_. "'- Goof...... A1 ~h ~"""" '" .''ort will "" _ " ='" ili, '''00' '" <Ii_; " if lhl, """"'" "" "_li,,,,,< " _, "'" _w ili, I""" '" "" hoom by '" ~~ "'" '" "'wi ,"oo . "mp~ry "d". All 'h1Id= 'Il' fi" m "da =y"" "" """'" " ili, ,_,. F,"~"._" ""' ~_" m., provide grounds for entry of a temporary Or pennanent order. ORDER OF COITRt FOR THE COURT, By: Isl Dawn S. Sund4Y. Esq. !JJ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to Comply with the Americans with Disabi1ites Act of 1990. For infonnation 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 AIToRNEY AT ONCE. IF YoU Do NOT HAVE AN AITORNEy OR CANNOT AFFORD ONE, Go To OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YoU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ . 4~? 7- ~~0I ~l ~rl W/ ~ /1/:"" ~L, '1?;C?<~/ Jr? ~I ~ln VlNV^lA8NN3d ,uNnQ'J O\i\nH=i8i'W1:) 22:2 I,id If; iNf' 10 '!:JIlin'!",. '."'1 IC' ^ v.J......Jl '''~11,_CU\,'.~ .:I~)l :.U jC'L1::IO--O,::;-jd /9'/['/ /0'/['/ /CJ/E./ TAMMY J. LAPOLT-LOHMAN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-829 JUSTIN W. LOHMAN, Defendant, CIVIL ACTION- CUSTODY NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 TAMMY J. LAPOLT-LOHMAN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-829 JUSTIN W. LOHMAN, Defendant, CNIL ACTION- CUSTODY PETITION TO MODIFY CUSTODY Petitioner, TAMMY J. LAPOLT-LOHMAN, by and through her attorney, Gerald S. Robinson, Esquire, and fhe law firm of ROBINSON & GERALDO, respectfully request the following: I. Petitioner is TAMMY J. LAPOLT-LOHMAN, an adult individual and the natural mofher who currently resides at 5202 Fawn Hollow Way, Antelope, California. 2. Respondent is JUSTIN W. LOHMAN, an adult individual and fhe natural father who currently resides at 348 A Street, Carlisle, Curnberland County, Pennsylvania. 3. Petitioner seeks to have the existing Custody Order modified giving her primary physical custody offhe minor child. 4. The parties currently share physical custody of the minor child. 5. From birth to present, the child has resided at the following addresses with the following persons: Person(s) Addresses Dates Petitioner and Respondent 528 3rd Street Birth to January 1999 Carlisle, PA 17013 Petitioner and Respondent the child has split time with January 1999 to Present Petitioner and Respondent equally 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 or visitation rights with respect to the child. 7. There is an existing Custody Order entered into effect on May 22, 2000, a copy of which is attached hereto as Exhibit A. 2 8. The best interest and permanent welfare of the child will be served by modifying the Custody Order because: a) The minor child is constantly ill when in Respondent's custody; b) When the minor child returned home from her last visit with Respondent, she was diagnosed with infant taiga; c) Petitioner has contacted Children and Youth Services regarding the minor child's illnesses. There is a pending investigation by Children and Youth Services; and d) Since Petitioner has moved to California, the shared physical custody arrangement is no longer reasonable. 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 be given notice of the pendancy of this action and the right to intervene: None. 3 WHEREFORE, fhe Petitioner respectfully requests this Honorable Court to modify the current custody order granting primary physical custody to Petitioner subject to Respondent's periods of partial custody. Respectfully submitted, ROBINSON & GERALDO , By: Ger S. Robinson, squire Attorney 1.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 Attorney for Petitioner 4 9164421029 BVMC-CAPITOL 120 P02 JAN 12 '01 09:50 JUSTIN LOHMAN, Plaintiff/petitioner: IN THE COURT OF COMMON PLEAS OF CUMBgRLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY TAMMY JoB LOHMAN, Defendant/Respondent: No. 99-829 CIVIL TERM ORDgR OF COURT AND NOW, this 22nd day of May, 2000, upon consideration of plaintiff's petition for modification of custody with respect to the parties' child, Alyssa Lohman (date of birth, June 27, 1998), and pursuant to an agreement of the parties reached in open court in the presence of their counsel, James J. Kayer, Esquire, on behalf of the plaintiff, and Jane M. Alexander, Esquire, on behalf of the Defendant, with respect to all issues except transportation costs for years following 2000, it is ordered and directed as folloWS: 1. Legal custody of the parties' child shall be shared. 2. with respect to physical custody of the partieS' child, it is ordered and directed as follows: (a) Primary physical custody of the child shall be with the father, (b) Mother shall have rights of partial physical custody for calendar year 2000 from May 24 through July 9, and from November 4 through December 16. EXHIBIT I A 9164421029 BVMC-CAPITDL 120 P03 JAN 12 '01 09:51 (c) For calendar years 2001 and 2002, mother shall have partial physical custody for a total of 18 weeks, to be broken into three six-week periods of partial physical custody. Those periods of time are undefined at the time of the making of this order, but the parties agree that they shall reach an agreement as to each year's periods of partial physical custody no later than December 15 of the previous year. In the event that they are unable to reach an agreement, either party has the right to ask for a conciliation conference to address the issue of when those periods would occur. 3. Each party will be assured reasonable telephone aCcess to the child when they do not have physical custody of the child, not only for the individual party but also for related family as well. 4. Each party will strive to coordinate with one another regarding the child's medical needs, and this shall include advising the other parent of the identity, location, and telephone number for any treating physician. 9164421029 BVMC-CAPITOL 120 P04 JRN 12 '01 09:51 5. For calendar year 2000, the parties have agreed that the ~other shall solely bear the costs of transportation, and shall be the one to acco~pany the child on all trips between households. 6. For calendar years 2001 and 2002, the parties have agreed that the ~other shall be the individual to acco~pany the child on trips between households. 7. with respect to transportation costs relating to the exchanges of custody of the child in the years 2001 and 2002, during which exchanges the ~other shall chaperone the child, the transportation expenses of the child shall be shared equally by the parties. and the ~other shall be responsible for her own expenses. By the court, Ja~es J. Kayer, Esquire For the plaintiff Jane M. Alexander, Esquire For the Defendant wcy 01/09/2001 T1m 16:17 FAX 717 232 5098 ROBINSON & GERALDO VERIFICATION I verify that the statements made in this Complaint are true and c\lrrect. 1 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{g UUl.l uv~ CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 19th day of January, 2001, I caused a true and correct copy of the Petition to be served upon the following individual by certified mail, return receipt requested, restricted delivery by depositing same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania. James J. Kayer, Esquire 4 East Liberty Avenue Carlisle, P A 17013 Respectfully submitted, ROBINSON & GERALDO BY:'~ Gerald S. Robinson, Esquire Attorney l.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 , TAMMY LAPOLT, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 99-?:?7 JUSTIN LOHMAN, Defendant. CNIL ACTION-DNORCE PROOF OF SERVICE The undersigned makes the following return of service: the Petition to Modify Custody was served upon Justin Lohman, the Defendant, on January 24,2001 at 4 East Liberty Avenue, Carlisle, Cumberland County, Pennsylvania. The signed receipt is attached as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: By: G aId S. Robinson, Esquire Attorney 1.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff TAMMY J. LAPOLT-LOHMAN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-829 JUSTIN W. LOHMAN, Defendant CIVIL ACTION- CUSTODY ACCEPTANCE OF SERVICE I, James J. Kayer, Esquire, certify that I accepted service of the Petition to Modify Custody filed or about January 22,2001 on behalf of the Defendant, JUSTIN W. LOHMAN on or about January 22,2001. Date IIV{ (p{ Attorney for Defendant EXhibIt A . TAMMY J. LAPOLT-LOHMAN , . . Plaintiff . . : vs. : : JUSTIN W. LOHMAN, : Defendant : : IN THE OOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-829 CIVIL TERM CIVIL ACTION - LAW CUSTODY (':^) OODER OF <nJRT C) S -::::, "L1! ' rr){ 2"':-' -7 /,..- (I"! ~ "C..... "'-) :" .J I C'-. ::-~'"I. AND lQf, this ~d consideration of the attached and directed as follows: day of AIa~ of \ Custody Concil ation Report, ~:~ S~,', b'_ )c;;'_ ?? , 2001, ~~,; it is ordered 1. 7he parties shall submit themselves, their Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Pauline Wallin, unless the parties select another professional by agreement. The purpose of the evaluation shall be to obtain independent professiOnal recOlllllendations concerning ongoing custody arrangements which will best serve the interests of the Child. The parties shall sign any authorizations required by the evaluator to obtain additional information pertaining to the parties or the Child. All costs of the evaluation shall be shared equally by the parties. 2. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the prior Order of this Court dated May 22, 2000 shall continue in effect. 3. Within 60 days of receipt of the evaluator's custody recOlllllendations, in the event the parties are not at that time able to reach an agreement as to all outstanding custody issues, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. BY THE COURT, ~\ t~ O~,()~ cc: Gerald S. Robinson, Esquire - Counsel for Mother James J. Kayer, Esquire - Counsel for Father II l .- J TAMMY LOHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. NO. 99-829 Civil Term JUSTIN W. LOHMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFTnA VlT OF CONSENt February 12,1999. 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code Was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. 1 Consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verity that the statements made in the Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1l1.3l0tJ /0. Yrn I'YVl ~l ~o-t /111, 00 V\ ...J Tammy Lohman . TAMMY LOHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. NO. 99-829 Civil Term JUSTIN W. LOHMAN, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 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. C.S. Section 4904 relating to unsworn falsification to authorities. Date: J 1'3JeJO Idm.~ del""" ~,~ Tammy Lo TAMMY J. LAPOLT-LOHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-829 CIVIL ACTION LAW JUSTIN W. LOHMAN, Defcndant IN CUSTODY ORDER OF COURT AND NOW, this _~ day of ~ ,.,;1- ~ _1- c) , 2002, upon consideration of the attached Custody Conciliation Report, it i~nd directed as follows: I. The prior Order of this Court dated May 22, 2000 is vacated and replaced with this Order. 2. The Mother, Tammy J. LaPolt-Lohman, and the Father, Justin W. Lohman, shall have shared legal custody of Alyssa Lohman, born June 27, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emcrgency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2, The Father shall have primary physical custody ofthe Child. 3. Until the Child begins kindt"garten, the Mother shall have partial physical custody of the Child in accordance with the following stbedule: A. The Mother shall have a six week period of custody with the Child over the Thanksgiving holiday in 2002 which shall begin in early November. B. The Mother shall have a six week period of custody over the Easter holiday in 2003. C. The Mother shall have an eight week period of custody during the summer in 2003, to be scheduled to include the Child's birthday. D. The Mother shall provide the Father with at least 30 days advance notice of the specific dates selected for the periods of custody under this provision. 4. Beginning in the fall 2003 when the Child begins kindergarten and continuing thereafter, the Mother shall havc periods of partial custody in accordance with the f~l1owing schedule: A. The Mothcr shall havc custody of the Child for the entire Christmas holiday school break and spring break each year upon providing at least 30 days advance notice to thc Fathcr of the specific datcs for thc cxchanges of custody. B. In even numbercd ycars, beginning in 2004, thc Mother shall have custody of the Child during the summer school brcak from June 26 (the day before the Child's birthday) until 3 wecks prior to the beginning of the next school year. In odd numbered years, bcginning in 2005, the Mother shall have custody of the Child from June 28 (the day after the Child's birthday) until 3 weeks prior to the beginning of the next school year. C. The Mother shall provide the Father with at least 30 days advance notice of the specific dates and times for exchanges of custody under this provision, 5. During the Father's periods of custody, the Father shall send photographs of the Child and/or the Child's art work to the Mother at least once each month, When the Child is in the Mother's custody, the Mother shall send a photograph of the Child and/or the Child's art work to the Father during the third week of the period of partial custody. 6. The custodial parent shall ensure that the Child contacts the other parent one time per week at a pre-designated time. The parties shall honor any request by the Child to contact the other parent more frequently. 7. The Mother shall be responsible to pay all costs of transportation for exchanges of custody. The parties agree that the Mother's child support obligation shall be reduced by $135.00 per month through the Domestic Relations Office in order to accommodate the Mother's transportation expenses. 8 The Mother shall accompany the Child during travel between the parties' residences for transfers of custody, unless otherwise agreed between the parties. 9. Neither party shall do or say anything which may estrange the Child frorn the other parent, injure the opinion ofthe Child as to the other parent, or hamper the free and natural development ofthe Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement 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, J. cc: Gerald S. Robinson, Esquire - Counsel for Mother Jane Adams, Esquire - Counsel for Father " ~_. ,..J Cf,/7-oL '-"'ft..';' /.,.~,- ~. TAMMY J. LAPOLT-LOHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-829 CIVIL ACTION LAW JUSTIN W. LOHMAN, Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alyssa Lohman June 27, 1998 Father 2. A Conciliation Conference was held on September 10, 2002, with the following individuals in attendance: The Father, Justin W. Lohman, with his counsel, Jane Adams, Esquire, and the Mother's counsel, Gerald S, Robinson, Esquire. The Mother, Tammy J. LaPoIt-Lohman, currently resides in California and spoke with her counsel and the Conciliator by telephone during the Conference. 3. The parties agreed to entry of an Order in the form as attached. ~} t--c...J..JA ( .;2. f .:J..DCla Date [)~~,_ 4-4..-~ Dawn S. Sunday, Esquire Custody Conciliator TAMMY LOHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99 - 829 Civil T,erm JUSTIN W. LOHMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE 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 93301 (c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail. restricted deliverv. return receipt reauested. delivered on:thtlA~ /~, /99; 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: By Plaintiff: 1/13/2000 By Defendant: 9/10/2002 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: 9/16/2002 Date: j;;< -l &; -Od.. Date PI,nti~ Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: .~ I ~ () 0 . Respectfully Submitted: 2c~ 3a e Adams, Esquire I. . No. 79465 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant o C ?' -U \:l:' mr"!', ~{ ~r~'~, <:::::,.., )>- zt_~ c:" l ' ~-. (=~ ~ C) N t::) ,-.:1 ,:-> 0" o -1'1 ...~ ':':'l,? Il..r} ~.}~?; ~._:} r1 :~j\'n .---t ~'";~~.. ~ ""0 :J;:: c..,,) ;...) ....l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STA.TE OF PENNA. Tammy Lohman, Plaintiff No. No. 99 - 829 'Civil Term VERSUS Justin W. Lohman, Defendant DECREE IN DIVORCE AND NOW, .De (~Lr-1L,u I '1 Tammy Lohman ,~~ 2., IT IS ORDERED AND DECREED THAT , PLAI NTI FF, AND .Justin W I ohm::.n , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. PROTHONOTARY "'''''''''' "''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' "'''''''''''''''''''''''''''''''''''''''''''''''''''''''''' J. ~..~ ~ ~ ~ \,(J. (lC" ~( ~/ fp.~ r;Y~'FP ((?'ec'e; . . ' <r" .' ;' ", .,' ,'~.. ., ;,..",