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HomeMy WebLinkAbout07-6691I 'k Foreman & Foreman, PC Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 6`h Floor Harrisburg, PA 17101 717-236-9391 717-236-6602 facsimile Attorney for Plaintiff Jo senh(a.foreman-foreman. com DIANA LOHMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 9- G G 57/ d'un / e , SHAUN LOHMAN CIVIL ACTION - LAW Defendant CHILD CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Diana Lohman, by and through her attorneys, Joseph D. Caraciolo, Esquire, and Foreman & Foreman, P.C., and files this Complaint for Custody respectfully averring as follows: 1. Plaintiff is Diana Lohman, hereinafter referred to as "Mother," an adult individual, who currently resides at 1081/2 Third Street, Boiling Springs, PA 17007. 2. Defendant is Shaun Lohman, hereinafter referred to as "Father," an adult individual, who currently resides at 298 Fairview Street, Carlisle, PA 17015. 3. Plaintiff seeks custody of the following minor child: Name Present Address Age/ Date of Birth Kayla Lohman 1081/2 Third Street Boiling Springs, PA 17007 6/ December 17, 2000 2 4. During the past six (6) years the child has lived with the following people at the following address: Name Address Time Period Diana Lohman 1304 Lafayette Street 2000 - 2002 Shaun Lohman Lebanon, PA Kayla Lohman Diana Lohman 137 W. Marble Street 2002 - 2004 Shaun Lohman Mechanicsburg, PA Kayla Lohman Shaun Lohman 298 Fairview Street 2004 - 2007 Kayla Lohman Carlisle, PA 17015 Diana Lohman 1081/z Third Street Present Kayla Lohman Boiling Springs, PA 17007 5. The mother of the child is Diana Lohman, she is married. 6. The father of the child is Shaun Lohman, he is married. 7. The relationship of Plaintiff to the child is that of mother. 8. The relationship of Defendant to the child is that of father. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or in another jurisdiction. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting Plaintiff periods of physical custody as she is in a better position to care for the child during all hours of the day and has a relationship with the child which should not be disturbed. 3 13. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting her custody or partial physical custody of the child. Date: ( /,, I-F Foreman r12 ph D. Caraciolo, Esquire Market Street, 6th Floor Harrisburg, PA 17101 Telephone: 717-236-9391 Attorney ID No. 90919 4 Foreman & Foreman, PC Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 6`h Floor Harrisburg, PA 17101 717-236-9391 717-236-6602 facsimile Attorney for Plaintiff DIANA LOHM N Plaintiff V. SHAUN LOHMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CHILD CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of knowledge, information and belief. I understand that false statements herein are made subject ' my penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Dated: ? Signature: ?4 DIANA LO MAN 5 . • Foreman & Foreman, PC Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 6`h Floor Harrisburg, PA 17101 717-236-9391 717-236-6602 facsimile Attorney for Plaintiff DIANA I, • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. SHAUN LOHMAN Defendant CIVIL ACTION - LAW CHILD CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint upon the person(s) and in the for Custody manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Shaun Lohman 298 Fairview Street Carlisle, PA 17015 Date: P J eph D. ciolo, q,u 12 Market eet, 6th Floor Harrisburg, PA 17101 Telephone: 717-236-9391 Attorney ID No. 90919 6 St t: DIANA LOHMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6691 CIVIL ACTION LAW SHAUN LOHMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 09, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 14, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINVAIASWd 71 L Z .C Wd £ i AON t0O1 AbVIal?N l(d H13o ???? DIANA LOHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW SHAUN LOHMAN, NO. 2007-6691 Defendant IN CUSTODY COURT ORDER AND NOW, this aU day of December, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilr , Esquire Custody Co ciliator n r.? ?a r `i S ?' 4 J W DIANA LOHMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-6691 SHAUN LOHMAN CIVIL ACTION - LAW Defendant CHILD CUSTODY STIPULATION WHEREAS, the parties hereto are the natural parents of Kayla Lohman, born December 17, 2000 (hereinafter referred to as "Child"); WHEREAS, Mother has filed a Complaint for Custody and is asking that this Stipulation be incorporated as an Order of Court; WHEREAS, the parties wish to enter into said agreement relative to custody, partial custody, and visitation of the child; THEREFORE, this day of , 2008, in consideration of the mutual covenants, promises, and agreements hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The Plaintiff above is Diana Lohman (hereinafter referred to as "Mother"), an adult individual, currently residing at 108 %2 Third Street, Boiling Springs, Pennsylvania 17007. 2. The Defendant above is Shaun Lohman (hereinafter referred to as "Father"), an adult individual, currently residing at 298 Fairview Street, Carlisle, PA 17015. 3. The parties shall have joint legal custody of their minor child, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including, but not limited to, medical, religious, and educational decisions. The parties agree to discuss and consult with one another on the decisions with a view toward adopting a harmonious policy calculated to promote the child's best interest. 4. The parties shall share primary physical custody of the child in accordance with the following arrangements: a. During week one of a two week period, Mother shall enjoy periods of partial physical custody of the child beginning after work on Monday and ending with the child being transported to school on Wednesday, and beginning again after school on Friday to be transported to school Monday morning of week two; Father shall enjoy periods of partial physical custody of the child on Wednesday, after school, until Friday at school. b. During week two of a two week period, Father shall enjoy periods of partial physical custody of the child beginning after work on Monday and ending with the child being transported to school on Wednesday, and beginning again after school on Friday to be transported to school Monday morning of week one of the next two week period; Mother shall enjoy periods of partial physical custody of the child on Wednesday, after school, until Friday at school. C. On December 24th in odd numbered years, Mother shall enjoy periods of partial physical custody of the child on the Christmas holiday beginning at 2:30, p.m., and ending at noon on December 25th; Father shall enjoy periods of partial physical custody of the child beginning December 25th at noon and ending December 26th at 2:30, p.m. During even numbered years, Father shall enjoy periods of partial physical custody of the child on the Christmas holiday beginning December 24th at 2:30, p.m., and ending at 12 o'clock noon on December 25th; Mother shall enjoy periods of partial physical custody of the child beginning December 25th at noon and ending December 26`h at 2:30, p.m. d. Father shall enjoy periods of partial physical custody of the child for the Thanksgiving holiday every Wednesday before Thanksgiving at 5:00, p.m. until Thanksgiving Thursday at 5:00, p.m.; Mother shall enjoy periods of partial physical custody of the child for the Thanksgiving holiday every Thanksgiving at 5:00 p.m. until Friday after Thanksgiving at 5:00 p.m. e. During odd numbered years Father shall enjoy periods of physical custody the Saturday prior to Easter at 5:00 p.m. until the Easter Sunday at noon; Mother shall enjoy periods of physical custody Easter Sunday at noon until Monday at 5:00 p.m. During even numbered years Mother shall enjoy periods of partial physical custody the Saturday prior to Easter at 5:00 p.m. until the Easter Sunday at noon; Father shall enjoy periods of partial physical custody Easter Sunday at noon until Monday at 5:00 p.m. f. All other holidays not otherwise mentioned herein, shall rotate as agreed by the parties. g. Each party shall be entitled to two (2) nonconsecutive uninterrupted weeks of vacation with the child during the summer months. Each party must provide the other thirty (30) days written notice of his or her intent to utilize their week or weeks of custody, and in the event of a conflict, the first party to make written notification will be entitled to that time. This vacation shall take precedent over the parties regular periods of physical custody, however, will not take precedent over any scheduled holiday time. 5. Mother and Father shall be responsible for assuring the child attends her daily schooling in accordance with the school calendar and the applicable law or regulation of the county of Cumberland, and shall make it a priority that the child attends all after school functions and activities. 6. Each parent shall have reasonable telephone access to the child when in the custody of the other parent. 7. In the event the child attends daycare, each parent agrees to be equally responsible for all daycare costs. 8. To the extent one parent is not available for his or her periods of physical custody, that parent shall first contact the other regarding child care prior to making arrangements with a third party. 9. Neither party shall impair the other's right to custody or interfere with the other parent's custody right when the child is with that parent. 10. Neither parent shall attempt to alienate the affection of the child toward the other parent, or allow third parties to attempt to alienate the affection of the child to the other parent. 11. Neither party will drink to the point of intoxication or utilize illegal narcotics while in the presence of the child, and will insure that third parties comply with this provision. 12. This Stipulation may be altered by the mutual consent of the parties without the necessity of formal action in this Court. 13. The parties agree to cooperate with one another in the implementation of this agreement and understand and agree that other changes or modifications in the agreement can be agreed upon. Schedule and/or modification of times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the child. To that end, the parties agree to cooperate with each other to encourage their relationship with the child with the parent and agree to refrain from any and all conduct, activity, or communications which would adversely affect the child's relationship with either parent. 14. It is the intention and desire of the parties that the child continues her schooling in Cumberland County, and more specifically in the school district of South Middletown. 15. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an Order of Court, without requiring their presence before this Court, pursuant to Rule 1915.7. 16. This agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon Court's approval. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Date:-Aq08 Date: 12'I?'V1 .Gato DIANA LO AN - /j SHAUN OHMAN r ACKNOWLEDGMENT officer, personally appeared DIANA LOHMAN, known to me (or satisfactorily proven) to be COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ? ? . On this the day of 20(6, before me, the undersigned the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. Notary Public My commission expires: 7a tWK. e NxvM m~ cowff vow GYM f ' + N r ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF Cv-m,6'e-(-a-p) c-- this the of Oor -P?-Y& ,oJ 2007, before me, the undersigned officer, personally appeared SHAUN LOHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. My commission expires: ?EAI.T of PENNSYLVANIA Noto seal c So. QnbeftW Ml CW"bdM 9*11% Sept 14 Oxmly 1 Member. Penosyhranta Association of Notaries -rr j f . '. rI z r j4 . n^rv JAN DIANA LOHMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-6691 SHAUN LOHMAN CIVIL ACTION - LAW Defendant CHILD CUSTODY ORDER OF COURT AND NOW, this Z Tday of , 2008, upon consideration of the attached Stipulation of the parties in the above captioned matter, consisting of pages and bearing the written consent of the parties, AND upon direction of this Court that the parties need not be present before this Court in order to incorporate their Stipulation into a Consent Order, it is ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pa.R.C.P. 1915.7. BY THE COURT: t,,rvoo ?'wrav so?rr?i DIANA LOHMAN, Plaintiff V. SHAUN LOHMAN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6691 CIVIL ACTION - LAW CHILD CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, Diana Lohman, by and through her attorney's, Joseph D. Caraciolo, Esquire and Foreman, Foreman & Caraciolo, P.C. and files the instant Petition and in support thereof, avers the following: 1. Plaintiff is Diana Lohman, (hereinafter referred to as "Mother"), an adult individual, currently residing at 108 1/z Third Street, Boiling Springs, Pennsylvania 17007. 2. Defendant is Shaun Lohman, (hereinafter referred to as "Father"), an adult individual, currently residing at 298 Fairview Street, Carlisle, Pennsylvania 17015. 3. The subject minor child of this action is Kayla Lohman, born December 17, 2000, (hereinafter referred to as "Child"). 4. On January 23, 2008, a Stipulation was entered for the custody of the Child whereby the parties have joint legal custody and shared primary physical custody. (Stipulation is attached hereto as Exhibit "A" and made a part hereof). 5. Mother now desires a modification of the Stipulation dated January 23, 2008 due to the following: A. The child is arriving at school almost two hours prior to the scheduled start of the school day between 7:00 a.m. and 7:15 a.m. with school starting at 9:00 a.m. On some occasions, the child appears without proper clothing of which both the child and school officials have complained; B. It is anticipated that Father will move a distance of almost eighteen miles (thirty minutes) farther from the child's school which will likely result in the child arriving even earlier to school; 2 C. Father has consistently failed to cooperate with the child's extracurricular activities, including dropping the child off at cheerleading and leaving the child unsupervised. On at least one occasion, Mother was called and informed that the child was alone as practice was cancelled early; D. Father is unwilling or incapable of supervising the child's medication needs and fails to discuss the same with Mother. 6 The best interest and permanent welfare of the subject minor child would be served by granting the relief requested as previously indicated. WHEREFORE, Plaintiff respectfully requests this Honorable Court modify the existing Order for Custody of the subject minor child granting Plaintiff greater periods of custody as is in the best interest of the child. O 3 /;III /a -C/G/ D e RespectfullyAb FOREM, F J 5h D. Caraciolo, Esquire torney ID No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391- Telephone (717) 236-6602 - Facsimile joseph@ffclaw.net Attorney for Plaintiff LO, P.C. 3 DIANA LOHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-6691 SHAUN LOHMAN, CIVIL ACTION - LAW Defendant. CHILD CUSTODY VERIFICATION I, DIANA LOHMAN, verify that the statements made in foregoing document are true and correct to the best of my knowledge. To the extent that any of the averments are based upon an understanding or application of law, 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. Section 4904, relating to unsworn falsification to authorities. Date:?1) c-1_ ?,? Diana Lohm 4 DIANA LOHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-6691 SHAUN LOHMAN, CIVIL ACTION - LAW Defendant. CHILD CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer upon the persons by First Class Postage Paid Mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Marcus A. McKnight, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Respectfull , P.C. c73 ?d a?d? Date j6 ph D. Cara6i6lo, EsquirE / ttorney ID No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 - Telephone (717) 236-6602 - Facsimile joseph@ffclaw.net Attorney for Plaintiff 5 EXHIBIT A JAN 18 2008 0 DIANA LOHMAN Plaintiff V. SHAUN LOHMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6691 CIVIL ACTION - LAW CHILD CUSTODY ORDER OF COURT AND NOW, this 3a?&ay of , 2008, upon consideration of the attached Stipulation of the parties in the above captioned matter, consisting of pages and bearing the wntten consent of the parties, AND upon direction of this Court that the parties need not be present before this Court in order to incorporate their Stipulation into a Consent Order, it is ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pa.R.C.P. 1915.7. BY THE COURT: t ??011 DIANA LOHMAN IN THE COURT OF COMMON PLEAS PF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA; V. NO. 2007-6691 ; - SHAUN LOHMAN CIVIL ACTION - LAW -r Defendant CHILD CUSTODY • E STIPULATION WHEREAS, the parties hereto are the natural parents of Kayla Lohman, born December 17, 2000 (hereinafter referred to as "Child"); WHEREAS, Mother has filed a Complaint for Custody and is asking that this Stipulation be incorporated as an Order of Court; WHEREAS, the parties wish to enter into said agreement relative to custody, partial custody, and visitation of the child; THEREFORE, this day of , 2008, in consideration of the mutual covenants, promises, and agreements hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The Plaintiff above is Diana Lohman (hereinafter referred to as "Mother"), an adult individual, currently residing at 108 %2 Third Street, Boiling Springs, Pennsylvania 17007. 2. The Defendant above is Shaun Lohman (hereinafter referred to as "Father"), an adult individual, currently residing at 298 Fairview Street, Carlisle, PA 17015. 3. The parties shall have joint legal custody of their minor child, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including, but not limited to, medical, religious, and educational decisions. The parties agree to discuss and consult with one another on the decisions with a view toward adopting a harmonious policy calculated to promote the child's best interest. 4. The parties shall share primary physical custody of the child in accordance with the following arrangements: a. During week one of a two week period, Mother shall enjoy periods of partial physical custody of the child beginning after work on Monday and ending with the child being transported to school on Wednesday, and beginning again after school on Friday to be transported to school Monday morning of week two; Father shall enjoy periods of partial physical custody of the child on Wednesday, after school, until Friday at school. b. During week two of a two week period, Father shall enjoy periods of partial physical custody of the child beginning after work on Monday and ending with the child being transported to school on Wednesday, and beginning again after school on Friday to be transported to school Monday morning of week one of the next two week period; Mother shall enjoy periods of partial physical custody of the child on Wednesday, after school, until Friday at school. C. On December 24th in odd numbered years, Mother shall enjoy periods of partial physical custody of the child on the Christmas holiday beginning at 2:30, p.m., and ending at noon on December 25th; Father shall enjoy periods of partial physical custody of the child beginning December 25th at noon and ending December 26th at 2:30, p.m. During even numbered years, Father shall enjoy periods of partial physical custody of the child on the Christmas holiday beginning December 24`h at 2:30, p.m., and ending at 12 o'clock noon on December 25th; Mother shall enjoy periods of partial physical custody of the child beginning December 25th at noon and ending December 26 th at 2:30, p.m. d. Father shall enjoy periods of partial physical custody of the child for the Thanksgiving holiday every Wednesday before Thanksgiving at 5:00, p.m. until Thanksgiving Thursday at 5:00, p.m.; Mother shall enjoy periods of partial physical custody of the child for the Thanksgiving holiday every Thanksgiving at 5:00 p.m. until Friday after Thanksgiving at 5:00 p.m. e. During odd numbered years Father shall enjoy periods of physical custody the Saturday prior to Easter at 5:00 p.m. until the Easter Sunday at noon; Mother shall enjoy periods of physical custody Easter Sunday at noon until Monday at 5:00 p.m. During even numbered years Mother shall enjoy periods of partial physical custody the Saturday prior to Easter at 5:00 p.m. until the Easter Sunday at noon; Father shall enjoy periods of partial physical custody Easter Sunday at noon until Monday at 5:00 p.m. f. All other holidays not otherwise mentioned herein, shall rotate as agreed by the parties. g. Each party shall be entitled to two (2) nonconsecutive uninterrupted weeks of vacation with the child during the summer months. Each party must provide the other thirty (30) days written notice of his or her intent to utilize their week or weeks of custody, and in the event of a conflict, the first party to make written notification will be entitled to that time. This vacation shall take precedent over the parties regular periods of physical custody, however, will not take precedent over any scheduled holiday time. 5. Mother and Father shall be responsible for assuring the child attends her daily schooling in accordance with the school calendar and the applicable law or regulation of the county of Cumberland, and shall make it a priority that the child attends all after school functions and activities. 6. Each parent shall have reasonable telephone access to the child when in the custody of the other parent. 7. In the event the child attends daycare, each parent agrees to be equally responsible for all daycare costs. 8. To the extent one parent is not available for his or her periods of physical custody, that parent shall first contact the other regarding child care prior to making arrangements with a third party. 9. Neither party shall impair the other's right to custody or interfere with the other parent's custody right when the child is with that parent. 10. Neither parent shall attempt to alienate the affection of the child toward the other parent, or allow third parties to attempt to alienate the affection of the child to the other parent. 11. Neither party will drink to the point of intoxication or utilize illegal narcotics while in the presence of the child, and will insure that third parties comply with this provision. 12. This Stipulation may be altered by the mutual consent of the parties without the necessity of formal action in this Court. 13. The parties agree to cooperate with one another in the implementation of this agreement and understand and agree that other changes or modifications in the agreement can be agreed upon. Schedule and/or modification of times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the child. To that end, the parties agree to cooperate with each other to encourage their relationship with the child with the parent and agree to refrain from any and all conduct, activity, or communications which would adversely affect the child's relationship with either parent. 14. It is the intention and desire of the parties that the child continues her schooling in Cumberland County, and more specifically in the school district of South Middletown. 15. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an Order of Court, without requiring their presence before this Court, pursuant to Rule 1915.7. 16. This agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon Court's approval. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Date: / pB- - Date: 1 2-//-0-7 -Galw wieu' DIANA LO AN 4AU OHMAN ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS F COUNTY O On this the day of 20 before ?', me, the undersigned officer, personally appeared DIANA LOHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. Notary Public My commission expires: ECommo? DOMP M CQYM11? m wpm" ooe t t. M ? -M! 0 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF C?v JI? cc `? ct' _ SS On this the of 2007, before me, the undersigned officer, personally appeared SHAUN LOHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. My commission expires: COMMONWEALTH OF PENNSYLVANIA Notwl Seal a"* Sm CM*Rtandpdic *CW1n%8k?E*MM SW 111 Member, Pennsylvania Association of Notaries F LFU- 01' F THcL TAfY ?G # ZII69 ApR -6 FM 2* 47 Gi.}i?r r 'VK 470. DO PD ATW OIL* Is 34 P-r*- aaU87 DIANA LOHMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAUN LOHMAN DEFENDANT 2007-6691 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 15, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and. reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 D-- :FI QP THE PROM, NOTARY 2009 APR -8 PH 3: 48 Ct ?, x;- ;wi 1 1im PENNSYLVANIA • MAY 2 7 20096 DIANA LOHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW SHAUN LOHMAN, NO. 2007-6691 Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER AND NOW, this day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the day of 2009 at 10 IM et.m. At this hearing, the mother shall 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 the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's prior order of January 23, 2008 shall remain in effect. BY THE COURT, "/(, ,,a4 Judge vin A. Hess cc: arcus A. McKnight, III, Esquire Joseph D. Caraciolo, Esquire l is h'1a1 LL s as?o? ?'1 A, - . "1. A, , -. DIANA LOHMAN, Plaintiff VS. SHAUN LOHMAN, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6691 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kayla Lohman, born December 17, 2000 2. A Conciliation Conference was held on May 22, 2009 with the following individuals in attendance: The mother, Diana Lohman, who appeared with her counsel, Joseph D. Caraciolo, Esquire, and the father, Shaun Lohman, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties are working under a stipulation which was incorporated as a court order in January of 2008 providing the parties with essentially 50150 physical custody. Mother is now suggesting that father has moved his home and circumstances are such that the current custody arrangement is not working out in the best interest of the minor child. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached. Date: May- , 2009 co 'V4 Hubert X. Gilroy, Custody ConciliO DIANA LOHMAN Plaintiff V. SHAUN LOHMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6691 CIVIL ACTION - LAW CHILD CUSTODY STIPULATION WHEREAS, the parties hereto are the natural parents of Kayla Lohman, born December 17, 2000 (hereinafter referred to as "Child"); WHEREAS, the parties previously entered into a custody stipulation for the best interest of the child on January 23, 2008; WHEREAS, the parties wish to enter into the instant stipulation relative to custody, partial custody, and visitation of the child; THEREFORE, this 19th day of August , 2009, in consideration of the mutual covenants, promises, and agreements hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The Plaintiff above is Diana Lohman (hereinafter referred to as "Mother"), an adult individual, currently residing at 108'/2 Third Street, Boiling Springs, Pennsylvania. 2. The Defendant above is Shaun Lohman (hereinafter referred to as "Father"), an adult individual, currently residing at 1535 English Drive, Mechanicsburg, Pennsylvania. 3. The parties shall share joint legal custody of their minor child, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including, but not limited to, medical, religious, and educational decisions. The parties agree to 2 discuss and consult with one another on the decisions with a view toward adopting a harmonious policy calculated to promote the child's best interest. 4. The parties shall share primary physical custody of the child during the school year in accordance with the following schedule: a. Father shall enjoy periods of partial physical custody after school on Tuesday and Wednesday until 7:30p.m. On Tuesday of every week, Father will provide all transportation; on Wednesday of every week, Mother shall pick up the Child at Father's Mechanicsburg residence; b. Father shall enjoy periods of partial physical custody every other weekend beginning on Friday after school and ending on Sunday at 7:30 p.m. For these periods of custody, Father shall provide all transportation; C. During all other times, not otherwise mentioned in this stipulation, Mother shall enjoy periods of partial physical custody. 5. The parties shall share primary physical custody of the child during the summer, non-school year in accordance with the following schedule: a. During week one of a two week period, Mother shall enjoy periods of partial physical custody of the child beginning after work on Monday and ending with the child being transported to daycare on Wednesday, and beginning again after daycare on Friday to be transported to daycare Monday morning of week two; Father shall enjoy periods of partial physical custody of the child on Wednesday, after daycare, until Friday at daycare. b. During week two of a two week period, Father shall enjoy periods of partial physical custody of the child beginning after work on Monday and ending with the child being transported to daycare on Wednesday, and beginning again after daycare on Friday to be 3 transported to daycare Monday morning of week one of the next two week period; Mother shall enjoy periods of partial physical custody of the child on Wednesday, after daycare, until Friday at daycare. 6. The holiday schedule shall be shared according to the following: a. On December 24`h in odd numbered years, Mother shall enjoy periods of partial physical custody of the child on the Christmas holiday beginning at 2:30, p.m., and ending at noon on December 25`h; Father shall enjoy periods of partial physical custody of the child beginning December 25`h at noon and ending December 26`h at 2:30, p.m. During even numbered years, Father shall enjoy periods of partial physical custody of the child on the Christmas holiday beginning December 24`h at 2:30, p.m., and ending at 12 o'clock noon on December 25`h; Mother shall enjoy periods of partial physical custody of the child beginning December 25th at noon and ending December 26`h at 2:30, p.m. b. Father shall enjoy periods of partial physical custody of the child for the Thanksgiving holiday every Wednesday before Thanksgiving at 5:00, p.m. until Thanksgiving Thursday at 5:00, p.m.; Mother shall enjoy periods of partial physical custody of the child for the Thanksgiving holiday every Thanksgiving at 5:00 p.m. until Friday after Thanksgiving at 5:00 p.m. C. During odd numbered years Father shall enjoy periods of physical custody the Saturday prior to Easter at 5:00 p.m. until the Easter Sunday at noon; Mother shall enjoy periods of physical custody Easter Sunday at noon until Monday at 5:00 p.m. During even numbered years Mother shall enjoy periods of partial physical custody the Saturday prior to Easter at 5:00 p.m. until the Easter Sunday at noon; Father shall enjoy periods of partial physical custody Easter Sunday at noon until Monday at 5:00 p.m. 4 d. Father shall enjoy periods of physical custody on Father's Day and Mother shall enjoy periods of physical custody on Mother's Day. e. This Holiday schedule shall take precedent over the regular school and non-school schedule. All other holidays not otherwise mentioned herein, shall rotate as agreed by the parties. 7. Each party shall be entitled to two (2) nonconsecutive uninterrupted weeks of vacation with the child during the summer months. Each party must provide the other thirty (30) days written notice of his or her intent to utilize his or her week or weeks of custody, and in the event of a conflict, the first party to make written notification will be entitled to that time. This vacation shall take precedent over the parties regular periods of physical custody, however, will not take precedent over any scheduled holiday time. 8. Mother and Father shall be responsible for assuring the child attends her daily schooling in accordance with the school calendar and the applicable law or regulation of the county of Cumberland, and shall make it a priority that the child attends all after school functions and activities. 9. Each parent shall have reasonable telephone access to the child when in the custody of the other parent. 10. In the event the child attends daycare, each parent agrees to be equally responsible for all daycare costs. 11. To the extent one parent is not available for his or her periods of physical custody, that parent shall first contact the other regarding child care prior to making arrangements with a third party. 5 9. Neither party shall impair the other's right to custody or interfere with the other parent's custody right when the child is with that parent. 10. Neither parent shall attempt to alienate the affection of the child toward the other parent, or allow third parties to attempt to alienate the affection of the child to the other parent. 11. Neither party will drink to the point of intoxication or utilize illegal narcotics while in the presence of the child, and will insure that third parties comply with this provision. 12. This Stipulation may be altered by the mutual consent of the parties without the necessity of formal action in this Court. 13. The parties agree to cooperate with one another in the implementation of this agreement and understand and agree that other changes or modifications in the agreement can be agreed upon. Schedule and/or modification of times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the child. To that end, the parties agree to cooperate with each other to encourage their relationship with the child with the parent and agree to refrain from any and all conduct, activity, or communications which would adversely affect the child's relationship with either parent. 14. It is the intention and desire of the parties that the child continues her schooling in Cumberland County, and more specifically in the school district of South Middletown. 15. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an Order of Court, without requiring their presence before this Court, pursuant to Rule 1915.7. 16. This agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon Court's approval. 6 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Date: O Date: 9- lip - oq jo?? 4Aq DIANA LOH AN SHAUN LO AN 7 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this the - day of I Irv 0 11 2009, before me, the undersigned 6 officer, personally appeared DIANA LOHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. otary Pub is My commission expires: NO'A" SEAL swims" Ns" OLW w0wift 1 1* ?'IAq 153 co"Monll" Expires mlwmnww? 8 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF C. v-Yn .6 -V 1 SS On this the LLY, ofv 5 2009, before me, the undersigned officer, personally appeared SHAUN LOHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. otary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L Noel, Notary Public Carlisle Boro, Cumberland County My Commtssion Expires Sept. 18, 2011 Member. Pennsylvania Association of Notaries 9 1 ;HE a1 CUIV 1:? AUG 2 8 2009? DIANA LOHMAN Plaintiff V. SHAUN LOHMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6691 CIVIL ACTION - LAW CHILD CUSTODY ORDER OF COURT AND NOW, this day of 4w raJ 2009, upon consideration of the attached Stipulation of the parties in the above captioned matter, consisting of nine pages and bearing the written consent of the parties, AND upon direction of this Court that the parties need not be present before this Court in order to incorporate their Stipulation into a Consent Order, it is ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pa.R.C.P. 1915.7. BY THE C011RT- OF T?rr_ -, ?OTARY t1i 2009 AUG 3 ! PH 3: 58