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HomeMy WebLinkAbout07-6693KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff CHRISTOPHER GRANT Plaintiff V. LYNN GRANT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ' CD 6 q3 c.} v f CIVIL LAW - DIVORCE/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 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: 1 Courthouse Square, Carlisle, PA 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff CHRISTOPHER GRANT : Plaintiff V. LYNN GRANT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. d 7 - G G 93 Cu ?t.?. CIVIL LAW - DIVORCE/CUSTODY COMPLAINT FOR DIVORCE AND CUSTODY COUNT I Reguest for a No-fault Divorce Under 63301(c) of the Domestic Relations Code 1. Plaintiff is CHRISTOPHER GRANT, who has a mailing address of P.O. Box 112, Harrisburg, PA 17108-0112. 2. Defendant is LYNN GRANT, who currently resides at 212 West Marble Street, Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff has been a bona fide resident in thb Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 15, 2002 in Ocean City, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. There is one child borne of the marriage (see Custody sections of the Complaint below). 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(c) of the Domestic Relations Code. COUNT II Request for Equitable Distribution of Marital Property Under 53502 of the Domestic Relations Code 10. Plaintiff hereby incorporates Paragraphs 1 through 9 of his Complaint as if fully set forth herein. 11. The parties are owners of marital property subject to equitable distribution. 12. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court enter an Order of Equitable Distribution of marital property and marital debts pursuant to §3502 of the Domestic Relations Code. COUNT III - CUSTODY 13. Plaintiff hereby incorporates Paragraphs 1 through 12 of his Complaint as if fully set forth herein. 14. Plaintiff seeks shared legal and physical custody of the parties' child, ALEXANDER GRANT, born 5/11/03 (age 4). 15. The parties are the natural parents of the aforementioned child. 16. Since September of 2003, the child has lived with both parents at the address listed in paragraph 2 of the Complaint, along with Defendant/Mother's two sons. From the date of birth until September, 2003 (for the child's first four months of life), the child lived at 201 W. Maplewood Avenue, Mechanicsburg, PA with the same four people. 17. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or another court. 18. Plaintiff has no information of a custody preceding concerning the child pending in any Court of this Commonwealth. 19. Plaintiff 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. 20. Plaintiff avers it is in the child's best interest that the parties share legal and physical custody as the child will benefit from the ongoing care and affection of both parents. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, Plaintiff requests the Court to grant him shared legal and physical custody of the child. o.ze: 1/ 1-/09 KENNE H F. EWIS, ESQUIRE Atto ney I. D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document 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. Dated: ` CHRISTOPH GRANT __ r C. -D t 57 a ? V-.,. CHRISTOPHER GRANT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6693 CIVIL ACTION LAW LYNN GRANT DEFENDANT IN CUSTODY 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 Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 12, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter Into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent 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/ Dawn S. Sunda 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 Vile' VIA' NN-3-4 ,kiwm rp,b_, t 10111a L S :C Wd E I AON LOOZ AMUCHIOdd 31-1 iO 3:}LUO-OM1A CHRISTOPHER GRANT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6693 Civil Term LYNN GRANT, Defendant CIVIL LAW - DIVORCE/CUSTODY AFFIDAVIT OF SERVICE I, KENNETH F. LEWIS, ESQUIRE, depose and say that I am the attorney for Plaintiff and that I did mail a true and correct copy of the above Complaint to the Defendant via certified mail. The return receipt signed by the defendant is attached hereto indicating her date of receipt. I verify that the statements made herein 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. i DATED: 11/15/07 KENN TH . LEWIS, ESQ. I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 ¦ Complete Items 1, 2, and 3. Also complete A. S ' , w Item 4 If Restricted Delivery is desired. X At ¦ Print your name and address on the reverse ? so that we can return the card to you. B. / C. Dixte of.D*My ¦ Attach this card to the hack of the mailpiece, ?l or on the front if space permits. D d addn?sa ? ? 1. Article Addressed to, n YES, enter deNve A "•? No n ? "Mile 4. T Z z ?? .v me 1 qors 3. Service Type 0 -01" EWme-sawar I Certified Mail 0 0 Registered 0 Return Recut for Merclrandlse 0 irmjw Mali 0 GAD. 4. Restricted Deliver/ Pit Fee) Yes 2. Article Number 7006 0100 0004 3476 0992 (rwmds r from aarvke ibad PS Form 3811, February 2004 Domeadc-Return Receipt tomoa-m M-is4o . ha -? ?, i -C .:, /1L, DEC 17 2007 . CHRISTOPHER GRANT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-6693 CIVIL ACTION LAW LYNN GRANT Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7 *' day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Christopher Grant, and the Mother, Lynn Grant, shall have shared legal custody of Alexander Grant, born May 11, 2003. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. Beginning Friday, December 21, 2007, the Father shall have partial physical custody of the Child on alternating weekends for the first two (2) times from Friday between 5:00 p.m. and 5:30 p.m. when the Father shall pick up the Child after work through Sunday at 5:00 p.m. The following two (2) weekend periods of partial custody for the Father shall run from Friday from between 5:00 p.m. and 5:30 p.m. when the Father shall pick up the Child after work through Monday morning when the Father shall transport the Child to preschool. Thereafter, the Father's alternating weekend periods of custody shall continue, with the specific days and times for exchange to be arranged at the follow-up custody conciliation conference scheduled in this Order. In addition, the Father shall have custody of the Child from Tuesday after work, between 5:00 p.m. and 5:30 p.m. through Wednesday morning, when the Father shall transport the Child to preschool. During weeks preceding the Mother's weekend periods of custody, the Father shall have custody of the Child from Thursday after work between 5:00 p.m. and 5:30 p.m. through Friday morning, when the Father shall transport the Child to preschool. 4. The parties shall alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m., until December 26 at 7:00 p.m. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving,/Easter: The Thanksgiving and Easter holidays shall be divided into Segment A. which shall run from the day before the holiday at 2:00 p.m. through the holiday at 2:00 p.m., and Segment B, which shall run from the holiday at 2:00 p.m. through the day following the holiday at 2:00 p.m. In odd-numbered years, the Father shall have custody of the Child during Segment A of Thanksgiving and Easter and the Mother shall have custody during Segment B for both holidays. In even-numbered years, the Mother shall have custody of the Child during Segment A of Thanksgiving and Easter and the Father shall have custody during Segment B of both holidays. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. unless otherwise agreed between the parties. D. Memorial DUjabor Day: The parties shall equally share or alternate having custody of the Child on Memorial Day and Labor Day each year as arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have custody of the Child during the summer school break each year for two (2) nonconsecutive weeks upon providing at least thirty (30) days advance notice to the other party. The parent providing notice first shall be entitled to preference on his or her selection of custodial periods under this provision. In the event the parent having a period of custody under this provision does not remove the Child from the local area during the custodial week, the other parent shall have custody for one (1) week-day evening during that week. 6. Neither parent shall drink alcohol during periods of custody with the Child. 7. Both parties shall ensure that there is no smoking in the residence or motor vehicles when the Child is present. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. The Father shall secure the door into the hot tub room in his residence with a child safety lock. The Father shall also ensure that all doors in his residence with access to the pool will be locked at all times when the Child is present. 9. Both parents shall be entitled to have reasonable liberal telephone contact with the Child. In the event a parent leaves a telephone message for the Child, the custodial parent shall ensure that the call is returned on the same day. 10. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, February S, 2008 at 9:00 a.m. for the purpose of reviewing the weekend partial custody schedule. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the 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. 12. 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. cc: oeth F. Lewis, Esquire - Counsel for Father as D. Gould, Esquire - Counsel for Mother + 0 :z Wa 61 330 LOU CHRISTOPHER GRANT Plaintiff VS. LYNN GRANT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY 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 Alexander Grant May 11, 2003 Mother 2. A custody conciliation conference was held on December 12, 2007, with the following individuals in attendance: the Father, Christopher Grant, with his counsel, Kenneth F. Lewis, Esquire, and the Mother, Lynn Grant, with her counsel, Thomas D. Gould, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator t FEB 0 8 2008 P CHRISTOPHER GRANT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-6693 CIVIL ACTION LAW LYNN GRANT Defendant IN CUSTODY ORDER OF COURT AND NOW, this f day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 19, 2007 shall continue in effect as modified by this Order. 2. The parties shall make arrangements to meet jointly with the Child's therapist to obtain guidance regarding the Child's needs with respect to the parenting schedule and to address concerns regarding the Child's adjustment to transitions in custody and the Child's needs for spending sufficient time with both parents. 3. Beginning Friday, February 15, 2008, the Father shall have partial physical custody of the Child on alternating weekends. The first alternating weekend period shall run from Friday between 5:00 p.m. and 5:30 p.m. through Sunday at 5:00 p.m. and the second alternating weekend period shall run from Friday between 5:00 p.m. and 5:30 p.m. through Monday morning when the Father shall transport the Child to preschool. Thereafter, the Father's every other weekend periods of custody shall alternate between these time periods. In addition, during weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child from Tuesday after work between 5:00 p.m. and 5:30 p.m. through Wednesday morning, when the Father shall transport the Child to preschool. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child from Wednesday between 5:00 p.m. and 5:30 p.m. through Friday morning, when the Father shall transport the Child to preschool. Edward W. Guido J. cc: /Kenneth F. Lewis, Esquire - Counsel for Father as (& ?Thomas D. Gould, Esquire - Counsel for Mother P `r ?l??d`??'l list<}r>>in l 4L?t??Y ?•? PP^ 1 1 A ?.: i b ',I :Z Wd I 1 aid EDOZ :'Hi JO CHRISTOPHER GRANT Plaintiff VS. LYNN GRANT Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY 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 Alexander Grant DATE OF BIRTH May 11, 2003 CURRENTLY IN CUSTODY OF Mother 2. A custody conciliation conference was held on February 5, 2008, with the following individuals in attendance: the Father, Christopher Grant, with his counsel, Kenneth F. Lewis, Esquire, and the Mother, Lynn Grant, with her counsel, Thomas D. Gould, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?-? rtJOu^ l 7, 9gQF an- Date Dawn S. Sunday, Esquir Custody Conciliator D CHRISTOPHER GRANT Plaintiff V. LYNN GRANT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6693 Civil Term CIVIL LAW - DIVORCE SETTLEMEM AGREEMENT THIS AGREEMENT, is made this ?I.- - day of May , 2008, by and between Christopher Grant ("Husband") and Lynn Grant ("Wife"). AITN3888TH: WHEREAS, the parties, currently Husband and Wife, will be obtaining a decree in divorce; and WHEREAS, by this Agreement, the parties have intended to effectuate and equitably divide their marital property and marital debts; and WHEREAS, diverse unhappy differences and difficulties have arisen between the parties and it is their intention to live separate and apart for the rest of their lives and to settle any claims by one against the other or against their estates. NOW THEREFORE, with the foregoing recitals being incorporated by reference and deemed as an essential part hereof and in consideration of the premises and of the mutual promises set forth herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties. This Agreement shall be incorporated, but not merged into the final decree in divorce. 2. FINANCIAL DISCLOSURE. The parties confirm each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to executing this Agreement. No representations have been made by either party to the other, or by anyone else, as to the financial status of the other except as set forth in this Agreement. 3. ADVICE OF COUNSEL. Wife has been advised regarding this Agreement by her attorney, Thomas Gould. Husband has been advised regarding this Agreement by his attorney, Kenneth Lewis. Both parties acknowledge this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received independent legal advice, or choosing not to do so. The parties acknowledge this Agreement is not the result of duress or undue influence and is not the result of any collusion or improper or illegal agreement(s). This Agreement shall be construed as if drafted by both parties. 4. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. The parties understand each has the right to obtain from the other party a complete inventory of all the property either or both parties now own or owned as of the date of separation, and that each has the right to have such property valued by appraisals or otherwise. The parties understand they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand a Court's decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital. 2 d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. PERSONAL RIORTS. Husband and Wife, may live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if they were unmarried. Husband and Wife shall not harass, disturb or malign each other or the respective families of the other nor attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. NUTIIAL RELEASES. Except as provided in this Agreement, Husband and Wife each mutually release and forever discharge the other and the other's estate from any rights (including income and gain from property hereafter accruing) of the other or against the other's estate, which he/she now has or may hereafter have against the other or the other's estate, arising out of any circumstance, including dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, regardless of the jurisdiction. The release includes any rights which either party may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 3 7. PERSONAL, PROPERTY. a) The parties confirm they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge there has been no formal discovery conducted in their pending divorce action. Notwithstanding the foregoing, the rights. of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his/her counsel prior to the date of this Agreement is expressly reserved. In the event either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs and/or expenses incurred by the other party in seeking equitable distribution of said asset unless the Court finds that payment of such fees would not be equitable. In such event, the Court can deny fees or limit the amount of fees to be paid. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. b) The parties agree to make the following disposition and settlement with respect to their marital personal property: i) Except as listed below, the parties agree they will negotiate in good faith and divided their personal property to each's satisfaction and will add a personal property sheet, which shall become part of this agreement. Each party reserves the right to have the Court determine this issue, if needed. ii) Each party will retain the checking, savings and/or money market accounts listed in his/her sole name. Each party waives any and all interest he/she may have in the other party's accounts. iii) Husband shall be the sole owner of his Deferred compensation plan and his Defined Benefit Plan. Wife waives all her interest in this property. iv) Husband shall be the sole owner of the 2004 Ford Taurus and shall be responsible for all debt associated with that vehicle. Wife shall be the sole owner of the 2000 Dodge Caravan. Each party waives any and all interest he/she may have in the other party's vehicles. Each party shall hold the other harmless and indemnify the other from any claims arising from the ownership or operation of any such vehicles. 4 I 8. REAL ESTATE. a) The parties acknowledge they are co-owners of a home and land located at 212 West Marble Street, Mechanicsburg, Cumberland County, PA 17055. b) Wife shall become the sole owner of this property. Wife shall indemnify and hold Husband harmless from any and all debts or claims associated with that property, including the mortgage with Countrywide Home Loan (with an approximate balance of $101,000) and a Home Equity Loan with Members 1st Federal Credit Union (with an approximate balance of $7,800). Husband shall execute the Deed and any other necessary paperwork transferring all his interest in the property upon presentation. c) Wife shall refinance the property or otherwise remove Husband's name from the home debt as quickly as possible, but in any rate, within eighteen (18) months from the date of this agreement. d) Wife shall make all payments regarding the mortgage and home equity loan in a timely manner. Should Wife not make these payments each month, the home shall immediately be listed for sale at its fair market value. Wife shall be entitled to receive any proceeds from the sale. Wife shall be responsible for any monies due should the sale proceeds not be sufficient to cover all costs and debts associated with the property. WJt-z sl (L'4•wLal)?a?c ben arrs?n' +404PgYM 75 e) In the event Wife is unable to refinance the property or otherwise remove Husband's name from the home debt within the 18 month time period, the property shall be listed for sale at its fair market value. Wife shall be entitled to receive any proceeds from the sale. Wife shall be responsible for any monies due should the sale proceeds not be sufficient to cover all costs and debts associated with the property. 9. AFTER-ACOUIRRD PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. ' v Pf; o( ie?? /e ov "h ?f S?o?ld }?usbw? ?tle ? b?,lU Pty ? k5n"e- 9 ?n ed m 1?e ft oye and Ime etiu? lams die null ?Q 4 t? ?itsededlS -? ? ? 5 10. ALIKORY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. a) The parties hereby waive and surrender any rights and/or claims they may have to interim or final alimony, alimony U' pendente lite and spousal support, except as follows: i) Husband shall pay $300.00 per month -pal - 'a3 8upto Wife from the date the parties' divorce is finalized u through May 14, 2010. Any arrears existing for spousal support shall remain in effect and not be discharged. ii) The alimony herein is not modifiable; however, it shall cease upon Wife's remarriage, cohabitation with a male or the death of either party. 11. ATTORNEY'S FEES AND COSTS. The parties waive and surrender any rights and/or claims they may have to interim or final counsel fees and/or costs. 12. DEBTS. a) Husband shall be solely responsible for the following marital debts (amounts given are approximate): Members 1st Visa $2,875.18 Members 1st unsecured loan $3,400.62 Franklin Security Bank $5,564.02 Target Visa $5,219.83 Sears Mastercard $ 530.83 Sears store credit $2,811.90 A Kohls $ 901.60 BonTo n $ 63.10 Circuit City $ 590.68 Low s 521.21 wCAAy rn;ller, VM ? 282., 00 b) Wife shall be solely responsible for h following marital debts (amounts given are approximate): Lowes Walmart Washington Home Depot Verizon Target Mutual Visa $ 822.25 $ 700.00 $ 704.46 $1,146.58 $ 184.04 $1,357.51 $ 45.00 $1,222.00 Doreen Gunder, Dentist Joanne Clough, Esq. 6 c) Other than as stated above, each party shall be solely responsible for all debts listed in his/her sole name. Each party shall indemnify and hold the other harmless against all actions or collections of whatever kind arising from these debts. d) Each party represents he/she has not incurred any liability for which the other may be responsible except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, except for the obligations arising out of this Agreement. e) Each party shall immediately close out any and all joint credit card accounts, bank accounts and any other financial accounts. 13. WARRANTIES TO FUTURE OBLIGATIONS. Husband and Wife each agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 14. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. SR . 1CH . The parties agree that if either fails in the due performance of any of his or her obligations under this Agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available and said other party shall have the right to recover his or her reasonable legal fees and costs for any services rendered by his or her attorney. 7 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take all steps and execute, acknowledge and deliver to the other party any further instruments and/or documents that the other party may reasonably require for the purpose of gqiving full force and effect to the provisions of this Agreement. IStQ;I(s IS be a jt,?csrna?le a??? 17. LAII OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. AGREEMM BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior Agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance or any other obligations herein. 21. SEVERABILITY. If any term or provision of this Agreement shall be determined to be invalid, then only that term or provision shall be stricken and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the 8 failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 22. R ADINOS NOT PART OF AGREEKENT. Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. TAX ADVICE. Both parties acknowledge and agree they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further, both parties hereby acknowledge they have been advised by their respective attorneys to seek their own independent tax advice by retaining an account, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. L14f - Witnes Witness LYW G 9 ." r yk y C W -< 09/28/2009 08:44 7177611974 THOMAS D GOULD ESQ PAGE 02/03 CHRISTOPHER GRANT, IN THE COURT OF COMMON PLEAS PLAIN'T'IFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 6693 CIVIL TERM LYNN GRWT, IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(e) of the Di_vore.e Code was filed on November 5, 2007. 2. The marriage of Plaintiff and Defendant is i.rret.rievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a. Final Decree of Divorce after service of notice of intention. to request entry of the decree. T acknowledge that pursuant to Rule 1920.92(e) I have waived the requirement -that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: FILE -OfFIGE OF THE PPOT `'' )NOTARY 2009 OCT -7 AN 9: 08 CUMPBE- =, .; . , ;) ?",CU fY PENNSYLVANIA 09/28/2009 08:44 7177611974 THOMAS D GOULD ESr PAGE 1?21/92:1 CHRISTOPHER GRANT, PLAINTIFF V. LYNN GRANT, DEFENDANT IN THE COURT OF COMMON PLEAS CUNBERLAND COMM, PENNSYLVANIA NO. 07 - 6693 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVOAC,E DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2.T. 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. 1 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. 1 verify that the statements made in this Affidavit are true and correct.. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE D : FILED -4D 12i 0E- F 1? k Pr'"0T H,-', 1 TARY 2009 OCT --7 APB 9: 08 a, m ? L.I - jL) E_aJUNTY PENNS`(12VAN11A KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff CHRISTOPHER GRANT Plaintiff V. LYNN GRANT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6693 Civil Term CIVIL LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on November 5, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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. Dated: CHRISTOPHE GRANT FILED--C4-'R-4- OP THE ARY 2069 OCT 30 Fli 1: 2 ? CHRISTOPHER GRANT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6693 Civil Term LYNN GRANT, Defendant CIVIL LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 until a 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. 4. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ?? - a Dated: FILP'l -011"r-CE OF TH 2 0l9 Di,T 30 P141 , : 27 `P'ij CHRISTOPHER GRANT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6693 Civil Term LYNN GRANT, . Defendant CIVIL LAW - 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 section M 3301(c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail/Restricted Delivery; signed for by Defendant on 11/7/07; Affidavit of Service filed 11/20/07. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code and Waiver of Notice of Intention to Request Entry of a Divorce Decree: by the Plaintiff on October 27, 2009 (filed concurrent with this Praecipe) ; by the Defendant on September 28, 2009 (filed October 7, 2009). 4. Related claims pending: NONE. Property Settlement Agreement entered into between the parties and filed 9/24108. DATED: 1012U101 4 A. KEN ETH F. LEWIS, ESQ. Attorne I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff FILED -C.?C iklj-F- OF THEE PiF,)THONOTARY 2069 OCT 30 Phi 1: 2 $ CHRISTOPHER GRANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LYNN GRANT NO. 07-6693 Civil Term DIVORCE DECREE AND NOW, O it is ordered and decreed that CHRISTOPHER GRANT plaintiff, and LYNN GRANT bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The parties' have entered into a Settlement Agreement which has been filed with the Court resolving all issues. By Court, Attest: J. ry? Ili dA Prot onotary ?? w 5. ?,?' ?10=?? ?-?-? ? ? .=dam OM CSC' Nu ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 CHRISTOPHER GRANT, Plaintiff/Respondent V. LYNN GRANT, Defendant/Petitioner FiLFr4. c OF THE-7 i i n Y 101 0 APR 2B A1111:32 A? Ty IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6693 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: PETITION FOR MODIFICATION OF C TOD AND NOW, comes the Petitioner, CHRISTOPHER GRANT, by and through his attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions for modification of custody, and in support thereof avers the following: 1. Petitioner is Christopher Grant, Plaintiff/Petitioner (hereinafter referred to as "Father"), who currently resides at 223 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania and is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P. 2. Respondent is Lynn Grant, Defendant/Respondent (hereinafter referred to as "Mother'D, who currently resides at 212 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 06 rL oly 0 .00,xy6 3. On or about December 12, 2007, the parties entered into an Agreement at a Custody Conciliation Conference before Conciliator Sunday, wherein the parties share legal custody of Alexander Grant (hereinafter referred to as the "Child's and Mother and Father agreed that Mother would have primary physical custody of the Child and Father would have partial physical custody. 4. The Order was signed by the Honorable Edward E. Guido on December 19, 2007. (A true and correct copy of the Order of Court is attached hereto as "Exhibit A") 5. The parties had a follow-up Conciliation on February 5, 2008, wherein Father's periods of partial physical custody allows him to exercise approximately 11 overnights each month or approximately 40% per month. (A true and correct copy of the Order of Court is attached hereto as "Exhibit B"). 6. The Order was signed by the Honorable Edward E. Guido on February 11, 2008. 7. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 8. This Agreement should be modified because: a. Father has the flexibility to modify his work schedule to accommodate additional time with the Child. b. The Child is going to be seven (7) on May 11, 2010, as the Child has gotten older he and the Child are enjoying their Father-Son relationship and everything they are currently involved in; as a direct result; Father has seen the benefits of this strengthened relationship and would like to increase his time with the Child. c. Since Father is very active in the Child's life and he would like to be able to continue that on the days that Father would have the Child overnight should they agree to modify the current agreement of 40% to a 50% overnight arrangement with Father. d. Father is proposing that this agreement be allowed on an interim trial basis for the Summer months to see if a 50%-50% agreement would be in the Child's best interest; and if so, could be re-evaluated prior to the start of the 2010-2011 school year. WHEREFORE, the Petitioner requests that this Court modify the existing Custody Court Order to accommodate Father's request to exercise a 50%-50% custodial arrangement of the Child. DATE 9?) to Respectfully submitted, Bom & KUT ULAKv3 L.L.P. )?wm ?- 9&W Michelle L. So r, Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner/Plaintiff DEC 1 7 2007 0 CHRISI.'OPHER GRANT IN THE COURT OF COMMON PLEAS OF Plai:).tiff CUMBERLAND COUNTY, PENINSYLVANIA VS. - 2007-6693 CIVIL ACTION LAW LYNN GRANT Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Christopher Grant, and the Mother, Lyme Grant, shall have shared legal custody of Alexander Grant, born May 11, 2003. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. Beginning Friday, December 21, 2007, the Father shall have partial physical custody of the Child on alternating weekends for the first two (2) times from Friday between 5:00 p.m. and 5:30 p.m. when the Father shall pick up the Child after work through Sunday at 5:00 p.m. The following two (2) weekend periods of partial custody for the Father shall run from Friday from between 5:00 p.m. and 5:30 p.m. when the Father shall pick up the Child after work through Monday morning when the Father shall transport the Child to preschool. Thereafter, the Father's alternating weekend periods of custody shall continue, with the specific days and times for exchange to be arranged at the follow-up custody conciliation conference scheduled in this Order. In addition, the Father shall have custody of the Child from Tuesday after work, between 5:00 p.m. and 5:30 p.m. through Wednesday morning, when the Father shall transport the Child to preschool. During weeks preceding the Mother's weekend E EXHIBIT A periods of custody, the Father shall have custody of the Child from Thursday after work between 5:00 p.m. and 5:30 p.m. through Friday morning, when the rather shall transport-the Child to preschool. 4. The parties shall alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. until December 26 at 7:00 p.m. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving/Easter: The Thanksgiving and Easter holidays shall be divided into Segment A, which shall run from the day before the holiday at 2:00 p.m. through the holiday at 2:00 p.m., and Segment B, which shall run from the holiday at 2:00 p.m. through the day following the holiday at 2:00 p.m. In odd-numbered years, the Father shall have custody of the Child during. Segment A of Thanksgiving and Easter and the Mother shall have custody during Segment B for both holidays. In even-numbered years, the Mother shall have custody of the Child during Segment A of Thanksgiving and Easter and the Father shall have custody during Segment B of both holidays. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. unless otherwise agreed between the parties. D. Memorial Day/Labor Day: The parties shall equally share or alternate having custody of the Child on Memorial Day and Labor Day each year as arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have custody of the Child during the summer school break each year for two (2) nonconsecutive weeks upon providing at least thirty (30) days advance notice to the other party. The parent providing notice first shall be entitled to preference on his or her selection of custodial periods under this provision. In the event the parent having a period of custody under this provision does not remove the Child fiom the local area during the custodial week, the other parent shall have custody for one (1) week-day evening during that week. 6. Neither parent shall drink alcohol during periods of custody with the Child. 7. Both parties shall ensure that there is no smoking in the residence or motor vehicles when the Child is present. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. The Father shall secure the door into the hot tub room in his residence with a child safety lock. The Father shall also ensure that all doors in his residence with access to the pool will be locked at all times when the Child is present. 9. Both parents shall be entitled to have reasonable liberal telephone contact with the Child. In the event a parent leaves a telephone message for the Child, the custodial parent shall ensure that the call is returned on the same day. 10. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, February 5, 2008 at 9:00 a.m. for the purpose of reviewing the weekend partial custody schedule. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the 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. 12. 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. J. cc: Kenneth F. Lewis, Esquire - Counsel for Father Thomas D. Gould, Esquire - Counsel for Mother In n -.y hand ry 'sc.hora? ¦ . f CHRISTOPHER GRANT Plaintiff vs. LYNN GRANT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY 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 Alexander Grant May 11, 2003 Mother 2. A custody conciliation conference was held on December 12, 2007, with the following individuals in attendance: the Father, Christopher Grant, with his counsel, Kenneth F. Lewis, Esquire, and the Mother, Lynn Grant, with her counsel, Thomas D. Gould, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator i EB 0 9 200,8 /Vv CHRISTOPHER GRANT Plaintiff vs. LYNN GRANT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this it day of 1??? ? 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 19, 2007 shall continue in effect as modified by this Order. 2. The parties shall make arrangements to meet jointly with the Child's therapist to obtain guidance regarding the Child's needs with respect to the parenting schedule and to address concerns regarding the Child's adjustment to transitions in custody and the Child's needs for spending sufficient time with both parents. 3. Beginning Friday, February 15, 2008, the Father shall have partial physical custody of the Child on alternating weekends. The first alternating weekend period shall run from Friday between 5:00 p.m. and 5:30 p.m. through Sunday at 5:00 p.m. and the second alternating weekend period shall run from Friday between 5:00 p.m. and 5:30 p.m. through Monday morning when the Father shall transport the Child to preschool. Thereafter, the Father's every other weekend periods of custody shall alternate between these time periods. In addition, during weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child from Tuesday after work between 5:00 p.m. and 5:30 p.m. through Wednesday morning, when the Father shall transport the Child to preschool. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child from Wednesday between 5:00 p.m. and 5:30 p.m. through Friday morning, when the Father shall transport the Child to preschool. BY COURT, Edward W. Guido J. cc: Kenneth F. Lewis, Esquire - Counsel for Father Thomas D. Gould, Esquire - Counsel for Mother " CHRISTOPHER GRANT Plaintiff vs. LYNN GRANT Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY 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 Alexander Grant May 11, 2003 Mother 2. A custody conciliation conference was held on February 5, 2008, with the following individuals in attendance: the Father, Christopher Grant, with his counsel, Kenneth F. Lewis, Esquire, and the Mother, Lynn Grant, with her counsel, Thomas D. Gould, Esquire. 3. The parties agreed to entry of an Order in the form as attached. r Date Dawn S. Sunday, Esquir Custody Conciliator I, CHRISTOPHER GRANT, verify that the statements made in this Petition for Modification of Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsificati Date ??? ?? Y AND NOW, this 281h day of April 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification of Custody, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Lynn Grant 212 West Marble Street Mechanicsburg, PA 17055 Respondent/Defendant Respectfully submitted, Abom & Kutulakis, L.L.P. l Ire . Michelle L. So er, Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Petitioner/Defendant CHRISTOPHER GRANT PLA I N T I F F V. LYNN GRANT DI: FT'.NDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 29, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 _ On Wednesday, June 02, 2010 at 12:00 PM for a Pre-Hearin, Custodv 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 entrv of a temporarv 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 hearinp,. FOR THE COURT, By: /s/ Dawn S. Sunday Es 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 N? HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI : SEA FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ? ?-71 c --- ?Cumberland County Bar Association N ?! 4j. (C) ?? Cjop? 32 South Bedford Street Carlisle, Pennsylvania 17013 40 Telephone (717) 249-3166 x- a9 , O /l)CY?i ? (ec? +o v 95~29;'2~'1~ ~.~":35 ?a72~y3~~~ hB~+~'E~UTULAr:.I'~ QAGE 921'02 C.HRISTUI?.~IEIt ~GRAi~"~', IJ~i THE CpUR.T' QF CO.'1~iM0~+T PLEAS Plaiz~txfl' CUMBERT.r"i?~3D CC-liNTY, PENNSY~JAI~A sr Cr7 . ,c,'" ~.... v• NO. 2007-6t~93. CIG'TL?'ER IVt~" ~" - ;~?~~`°--- . r r-~ . i ~ ; r, s 3 c,~ ~: LYNN GRA'~T, CIVT~, ACTION - LA~7~U -= - ~:~ ; c ; ~ Defexsdant IN CL'STC)DY '.~ ~- ~ z n, . ~ ~, ~ r ;R~;~, TC? THE PRO'I'H~ONOTAI~Y OF SAID COURT: ~ ~; .~- PRAECIPE TO'WI'r j3~RA~~pAftA1`T ~, Please ~suithdraw ~,y appeararce on bek+alf of the Plaintiff ClZxistophE.r, G:tant, ira tlxe above-captivncd mactcz. D.a~r~ ~q 1(~ Respectfully submittrcl, r K E 's, Esquire, 13.01 N. Frost Street, 1~` 1?lavr klatrisbur~, PA 17102-332$ (717} 23~-313G .~ homey ID#3~~ . Please enter ,rr~y appearance on behalf of the Plai~,riff, Chcisnapkzez Graxxt, iti the above-cantioaed zxu`ttet. D~~ ~ ~~ Respectfully subx~itted, 1'1BOM'Qc.i~Ut"t1L1X7s, L..L.P. ,~ U\ ~ichellc L. Sommer, ire 2 West ,HiSh Stxect Carlisle, PA. 17013 (71 Tj 249-0900 ~ttotr~ey ID # 93034 ;' JUL d 1 2010 ~'~'' ~" `~ .:L~ UL:iL..~~vit~~ ~'~ CHRISTOPHER GRANT Plaintiff vs. LYNN GRANT Defendant 3 JUG 0 ~, 2U1U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /~, ~ day of V ~~ ~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The costs of the evaluation shall be allocated between the parties in the same percentage as determined by the Domestic Relations Office in apportioning responsibility for the Child's support. Alternatively, the Father may select the custody evaluator if the Father is willing to pay the total costs of the evaluation, reserving further allocation by the Court at subsequent proceedings as necessary. The parties shall select the custody evaluator and contact the evaluator's office within 10 days of the date of this Order to schedule the initial evaluation sessions. 2. The parties shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assess the Child's emotional well-being and to address the parties' concerns regarding behavioral issues. Any costs of the counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. The parties shall cooperate in making available any applicable insurance coverage. The parties shall select the counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first counseling session. 3. Within 60 days of completion of the custody evaluation and receipt by the parties of the evaluator's written report and recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 4. Pending further Order of Court or agreement of the parties, the prior Orders of this Court shall continue in effect. BY TH URT, Edward E. Guido J, cc: ~ Michelle L. Sommer, Esquire -Counsel for Father d Lynn Grant -Mother gy'p' es /~-~. a,~l ed `7~ia~~v ~~ cn ~, o ~- .~, -.- .~ . ,-~ -- . , . ; N ~? ~t ~:_ - <.. ~. 'C. N t a~ ,~.- a' -~ CHRISTOPHER GRANT Plaintiff vs. LYNN GRANT Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY 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 Alexander Grant May 11, 2003 Mother 2. A custody conciliation conference was held on June 10, 2010, with the following individuals in attendance: the Father, Christopher Grant, with his counsel, Michelle L. Sommer, Esquire, and the Mother, Lynn Grant, who is not represented by counsel in this matter. 3. This Court previously entered Orders in this matter on December 19, 2007 and February 11, 2008, under which the Mother has primary physical custody of the Child and the Father has approximately 11 overnights per month on an alternating biweekly schedule. The Father filed this Petition to Modify seeking equally shared custody. 4. Although the parties were not able to agree at the conference as to a change to the custody schedule, the parties were able to agree to make arrangements for the Child to participate in counseling to assess and address behaviors of concern to the parties. The parties also discussed the possibility of obtaining a custody evaluation to further assess the Child's needs in terms of the custodial arrangements. The parties agreed to continue working on custodial arrangements for the summer to determine whether it would ultimately be necessary to proceed with an evaluation. The conciliator has now been notified by the Father's counsel that no agreement has been reached and the Father requests that an evaluation be ordered with the costs equally shared between the parties. The Mother provided correspondence, as well, to the conciliator indicating, in part, that she was willing to participate in a custody evaluation but did not feel that she should be obligated to contribute toward the costs. 5. Based upon the foregoing, the conciliator recommends an Order in the form as attached. ~ ®<v ~ Date Dawn S. Sunday, Esquire Custody Conciliator O ABOM dZ' KuTUL.,sxis Alidmlle L Sonvrrer. Esquire Attorney' LD. I TO.: 93034 2 I k- est High Street Carlisle, Penn lvania 17013 ('17) 249-0909 CHRISTOPHER GRANT, Plaintiff/Petitioner V. LYNN GRANT, Defendant/Respondent J [rr r t.,3 tS` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-6693 CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: PETITION FOR CIVIL CONTEMPT AND NOW, this 71" day of September, 2010, comes the Petitioner, Christopher Grant, by and through his counsel, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition for Contempt and in support thereof avers the following: 1. Petitioner/Father is Christopher Grant, who is the Plaintiff in the above captioned action between the parties. 2. Respondent/ Mother is Lynn Grant, who is the Defendant in that action and is appearing pro se. 3. Petitioner and Respondent are the parents of Alexander Grant, born May 11, 2003. 4. On or about July 12, 2010, this Honorable Court entered a Court Order. (A true and correct copy of the Order of Court is attached hereto as "Exhibit A".) ir?b `0-0 (2V a. The Court Order states that the parties and their child shall submit to a custody evaluation and share the costs of the evaluation as determined by the Domestic Relations Office's apportionment of responsibility for Child's support. b. The Order further directs the parties to make arrangements for the Child to participate in counseling with a professional to be selected by agreement of the parties. c. The Order states that the parties have 10 days from the date of the order to pick an evaluator and a counselor. Additionally, within those 10 days, the parties are to contact the offices of the counselor and evaluator to schedule an initial session for each. 5. Mother is in contempt of the July 12, 2010 Order of Court regarding counseling and custody evaluation services in that she has failed to follow through with this Honorable Court's Order. a. Mother has not complied with the provision of the Order directing her to submit to a custody evaluation. i. Father and Mother have selected a custody evaluator in Rieger, Shienvold & Associates in accordance with the court order. ii. Father deposited his share of the costs on July 28, 2010. (A true and correct copy of Father's deposit is attached hereto as "Exhibit B".) iii. Mother has failed to pay her share of the evaluation costs, and she has made little effort in ensuring that the evaluation occurs as quickly as possible. b. Mother has failed to approve a counselor for the Child. L Father has communicated with Mother on several occasions in order to select a counselor for the Child's court ordered counseling. ii. Mother has failed to agree to any of the counselors that Father has suggested, and she has made no suggestions to Father as to who Child's counselor should be. iii. Mother has made little effort to ensure that the Child's counseling occurs, much like she has for the custody evaluation. iv. Additionally, Mother has expressed her belief that Child first needs an initial evaluation before she will consent to counseling, which contravenes the Order of Court directing counseling. 6. Respondent's breach of the terms of the Court Order from July 12, 2010 is the sole reason Petitioner had to file this Petition for Contempt and Enforcement. 7. Petitioner has incurred attorney's fees and costs in connection with the preparation and pursuit of this Petition and Respondent should be held responsible for said costs. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order finding Respondent in Contempt of Court and directing Respondent to immediately comply with this Honorable Court's July 121h Order and pay Petitioner's counsel fees and costs. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. So er, Esquire Attorney I.D No.: 930344 2 West High Street Carlisle, Pennsylvania 17,013 (717) 249-0900 Attorney for Petitioner r JUL 0 J Zulu CHRISTOPHER GRANT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-6693 CIVIL ACTION LAW LYNN GRANT Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 0L€ / 2010, upon consideration of the attached Custody Conciliation Report, it is ordered. and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The costs of the evaluation shall be allocated between the parties in the same percentage as determined by the Domestic Relations Office in apportioning responsibility for the Child's support. Alternatively, the Father may select the custody evaluator if the Father is willing to pay the total costs of the evaluation, reserving further allocation by the Court at subsequent proceedings as necessary. The parties shall select the custody evaluator and contact the evaluator's office within 10 days of the date of this Order to schedule the initial evaluation sessions. 2. The parties shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assess the Child's emotional well-being and to address the parties' concerns regarding behavioral issues. Any costs of the counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. The parties shall cooperate in making available any applicable insurance coverage. The parties shall select the counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first counseling session. 3. Within 60 days of completion of the custody evaluation and receipt by the parties of the evaluator's written report and recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary. EXHIBIT a a 9 4. Pending further Order of Court or agreement of the parties, the prior Orders of this Court shall continue in effect. BY THE COURT, Edward E. Guido J. cc: Michelle L. Sommer, Esquire- Counsel for Father Lynn Grant - Mother TRUE COPY FROM RECORD M Testimony whereof 1 here unto set my hand And the seal of said at?isle, Pa. This=_dey a.? 20,10 f RI.Et L.ER_ SMEN'v'OLD z SSO IL- TF.S 151 UNCLES TOWN RD- .I_E 1-00 HU l S'HLTRG, PA 17110 f HONM: 717-5400 1313 FAX, 717-540-1416 TAX RM 232140660 RKEIPT DATE l'aYmcni c.•# was mccived from credited hi the accouly5 as I s?t4 lbove, or for X Custufly Evaluation 0 Custody Re-evaluaticin Co-parenting €1 1?+1?Arcc '?lcdi?tc?t? 0 Cusludy `it-dinrion I'VeDt Coordination SCr iceg rcndereal by, 0 0 C'.vs ;} Cl By 0 P.sychuJooieal Evattcarient r Adoption Evaluation."t ome Study 0 Court Appci.;ijiutC I.4. Amold T. Shi nyold Dr. Kasen ShienvDid Dr. 13'Onnia Howard DyanDe Sag-e. QC W. U:5W Mvclin,da. Fas}r. MS icc.k (Nijn)beT: _ -` : credit Cary. Smart smith EXHIBIT Adminis?m t vc Assi-iwt t'-ci?13113t1sjr?i?:_ r'.r'S(.79rCnt979?'.?{i{}*1?.tii?779 ? I?`? VERIFICATION I, CHRISTOPHER GRANT, verify that the statements made in this PETITION FOR CIVIL CONTEMPT are true and correct to the best of my knowledge, information, and belief. 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 / ?CHRISTOPHE GRANT CHRISTOPHER GRANT, Plaintiff/Petitioner V. LYNN GRANT, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-6693 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 7th day of September, 2010, I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT upon the Respondent, by US Mail, Certified Mail, addressed as follows: Lynn Grant 212 West Marble Street Mechanicsburg, Pennsylvania 17055 Pro se Respondent ABOM & KUTULAKIS, LL.P. 4 Michelle L. So Ar,Esquire Attorney I.D No.: 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner sfP o a za~a CHRISTOPHER GRANT, Plaintiff/Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-6693 LYNN GRANT, CIVIL ACTION -LAW Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW this ~ ~ da of 2010 u on consideration of the Y p attached Petition for Civil Contempt, it is to be heard by Custody Conciliator Pursuant to Cumbexla.nd County Local Rule 1915.12-1, it is ORDERED and DECREED that the Motion is GRANTED. .~- The Petition fox Contempt shall be ~ custody conciliator, Dawn S. Sunday, Esquire, r on c y Distribution: ichelle L. Sommer, Esquire Abom & Kutulakis, L.L.P. 2 West High Street Carlisle, PA 17013 Attorney for Petitioner ynn Grant 212 West Marble Street Mechanicsburg, Pennsylvania 17055 Pro Se Ke.-pondent C'~~~~~~~~. ~- ~.~ (~, B E COURT: Edward E. Guido J. - _ . . ~ ~ c :~ -n ro ~? ~ i L ~..F Cl3iy'Y t lLl ~ 7 ~ .~~ ~ ~ Y:7 ~ C` -- , Q~~ ~~o CHRISTOPHER GRANT PLAINTIFF V. LYNN GRANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CI V I L ACTION LAW IN CUSTODY ORDER OF COURT DEFENDANT AND NOW, Monday, September 13, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 30, 2010 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 hearinLN. FOR THE COURT, By: /s/ Dawn S. Sund?jyEsc _ 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. nn Cumberland County Bar Association q-13-10 Cs ) (Y1C.ci 1eG 32 South Bedford Street C'* - 9.13 C ?' 44- Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 o 10 AD c_e Ma 2a -t-O - w g-?3?o Cnp?? M0LJeJ ii .. ocr o 4 ~uw 3 CHRISTOPHER GRANT Plaintiff vs. LYNN GRANT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of ~ ~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The Mother shall contact Kasey Shienvold's office by October 15, 2010 to schedule her initial sessions for the custody evaluation, for which the Father shall initially pay all costs. 3. The Mother shall cooperate fully in completing the custody evaluation as expeditiously as possible. All appointments shall be scheduled on a timely basis and appointments shall not be cancelled in the absence of extraordinary circumstances. 4. The parties shall follow the recommendations of the Child's counselor, Dr. DeLerme, including those as to the frequency and duration of subsequent counseling sessions. The parties shall ensure that the Child attends his first session on October 26, 2010 at 10:00 a.m. 5. This Order is entered without prejudice to the Father's right to request that the Court schedule proceedings to allocate the costs of the custody evaluation, proceed with the Father's Petition for Contempt, or schedule a hearing on the custodial issues following the completion of the custody evaluation. BY~i'HE COUR' Edward E. Guido cc ,~1~Iichelle L. Sommer, Esquire -Counsel for Father ~ynn Grant -Mother ~ --~ c~ -~ :-~~~"j r. ~~ ~ J. "cn ~'°' ~_ ~~ ~°_~ ~"'' C J ~~© ~~ ~.- .~'7 --~ Q> "T1 w ,rt _;.; ~_ "i 1... c:~ _'t C= ] _.~., T~~ ~~3 ~i rr 9 OCT 0 4 2010 CHRISTOPHER GRANT Plaintiff vs. LYNN GRANT Defendant Prior Judge: Edward E. Guido 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY 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 Alexander Grant May 11, 2003 Mother 2. A custody conciliation conference was held on September 30, 2010, with the following individuals in attendance: the Father, Christopher Grant, with his counsel, Michelle L. Sommer, Esquire, and the Mother, Lynn Grant, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator CHRISTOPHER GRANT Plaintiff VS. LYNN GRANT Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of L/f1 iVLC11 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A h ring is schedul in Courtroom Number ?? of the Cumberland County Courthouse on the ay of M , 2012, at0L:-t5jtm., at which time testimony will be taken. For purposes of the hearing, the Father, Christopher Grant, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall submit 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 witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. The parties shall make arrangements for the Child to participate in counseling with a professional to be selected by agreement. The parties shall select the counselor within seven days of the date of the custody conciliation conference and shall contact the selected counselor's office within that time period to schedule the initial counseling session. The parties shall equally share all costs of the counseling which are not covered by insurance. BYE COU , Edward E. Guido J. cc: Michelle L. Sommer Esquire - Counsel for Father -t, Lynn Grant -Mother M CD ' m0i t O Z; r /o OP 61h 77 r? CHRISTOPHER GRANT Plaintiff VS. LYNN GRANT Defendant Prior Judge: Edward E. Guido One full day hearing requested IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6693 CIVIL ACTION LAW IN CUSTODY 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 Alexander Grant May 11, 2003 Mother 2. A custody conciliation conference was held on January 5, 2012 on the Father's Petition for Modification following receipt of the evaluation recommendations from Kasey Shienvold. 3. While the parties were able to agree on implementation of three of the four recommendations by Dr. Shienvold (counseling for the Child, individual counseling and parent coordinator), there was no agreement regarding modification of the custody schedule and a hearing will be necessary. As permitted in the prior Order, the Father seeks to have the Court also address his request for allocation of the costs for the custody evaluation in the amount of approximately $7000.00, which he paid initially. 4. The Father's position on custody is as follows: The Father seeks to implement the recommendations of the custody evaluator for an equally shared physical custody schedule. Currently, the Father has alternating weekends, every Wednesday overnight and alternating Thursday overnights. The Father proposes that the parties share custody on a schedule whereby the Father has custody every Monday and Tuesday, the Mother has custody every Wednesday and Thursday and the parties alternate having the weekend period. The Father believes a shared schedule is in the best interests of the Child as the Child has requested more time with the Father. The Father also believes that as he and the Child have a very close bond, there is no reason that he should not be able to spend at least half of the time with the Child. Finally, the Father requests that the costs of the custody evaluation be apportioned so that the Mother bears some part of the cost, as permitted by the prior Order. 5. The Mother's position on custody is as follows: The Mother does not believe it would be in the Child's best interest to change to an equally shared schedule at this time. The Mother stated that the Child has his primary home with the Mother, his half siblings and pets and is happy with the current arrangement. The Mother believes that now is not the time to make a change but that it may be appropriate as the Child grows older. The Mother expressed concerns about alcohol consumption and violence. The Mother disagrees with the custody evaluator's recommendations for various reasons. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter on the issues of the Father's request for modification of the custody schedule and for allocation of the custody evaluation costs. It should be noted that the parties agreed with the concept of having a parent coordinator appointed to assist them as they have an unworkable co-parenting relationship. However, it was suggested that the parent coordination process may not be as successful during the time period pending the scheduled hearing but should be included in the Order resulting from the hearing. The parties agreed to obtain further information on the various trained parent coordinators in the area so that they can select the parent coordinator at the time of the hearing. 7. It is anticipated that the hearing will require at least one day. The Father intends to present the custody evaluation report prepared by Kasey Shienvold PsyD. The parties have not yet determined whether either of them plans to present the testimony of Dr. Shienvold. Date Dawn S. Sunday, Esquire Custody Conciliator CHRISTOPHER GRANT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, vs. 2007-6693 CIVIL ACTION LAW LYNN K GRANT, DEFENDANT IN CUSTODY ORDER AND NOW, this /AM day ofj!jj lga, 201A upon consideration of the attached motion of Lynn K Grant, Defendant requesting a continuance: the motion is denied the motion is granted and the matter scheduled for hereby continued until at -.m. is O The moving party shall promptly notify all interested parties of this Order and shall serve a copy of this Order upon them. BY T Judge n n Ora d at -.m. before c? c r N w mm n• x;o 4 " CHRISTOPHER GRANT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-6693 CIVIL TERM LYNN GRANT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 21st day of March, 2012, after hearing, our custody Order of December 19, 2007, is amended as follows: 1. Paragraph 3 is deleted and replaced with the following: Father shall have partial physical custody every other Thursday from 5:00 p.m. until Tuesday at the beginning of school or daycare. 2. The following shall be added as Paragraph 13: A parenting coordinator is to be agreed upon and retained by the parties within 10 days of today's date. If no agreement can be reached, the parties shall retain someone from the offices of Dr. Schneider to act as parenting coordinator. The costs of the parenting coordinator shall be borne equally between the parties. 3. Paragraph 8 shall be deleted and replaced with the following: The non-custodial parent may call the child once each day in the home of the other parent at a time to be agreed upon by the parties. If no time is agreed upon, the call shall be between 7:00 and 7:30 p.m. It shall be the responsibility of the custodial parent to make sure that the child is available to receive the call or, if not available, to let the non-custodial parent know and to arrange another acceptable time. 4. Paragraph 10 shall be replaced with. the following: After the parenting coordinator has been in place for 90 days, either party may request another conciliation conference to discuss the appropriateness of a shared custodial arrangement. By the Court, . =M r -<- > w 1` Edward E. Guido, J. <C) :.,D ? Michelle L. Sommer, Esquire For the Plaintiff Lynn Grant 212 West Marble Street Mechanicsburg, PA 17055 Defendant, Pro se Sheriff 1',j-C6 /t' srs f 4'