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HomeMy WebLinkAbout08-0437IN THE COURT OF COMMON PLEAS OF THE Ninth JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Roger W. POND Jr., CIVIL ACTION-LAW Plaintiff : V. F.R. 6 fr" L13 7 L tv + l ?c r'u Bobbi Jo LIGHTNER, Defendant IN CUSTODY COMPLAINT FOR (CUSTODY) (PARTIAL CUSTODY) (VISITATION) 1. The plaintiff is Roger Pond, residing at 107 Tower Circle, Carlisle, PA 17013, North Middleton Township, Cumberland County. 2. The defendant is Bobbi Jo Lightner, residing at 113 Tower Circle, Carlisle, PA 17013, North Middleton Township, Cumberland County. 3. Plaintiff seeks partial custody of the following child: XTamv Present Residence Date of Birth Age Chase Matthew Pond 113 Tower Circle, Carlisle, PA 12/ 30/ 2004 3 years The child was born out of wedlock. The child is presently in the custody of Mother, who resides at the address listed above. During the past five years, the child has resided with the following persons and at the following address(es): (List all Persons) (List All Addresses) (Dates) Bobbi Jo. Lightner 113 Tower Circle, Carlisle PA 17013 Birth until present Roger W. Pond, Jr [same] Until November 2007 Janet Blosser [same] Birth until present Edna Keller [same] Birth until present The mother of the child is Bobbi Jo Lightner, currently residing at the address listed above. She is single. The father of the child is Roger Pond, Plaintiff, currently residing at the address listed above. He is single. 4. The relationship of the plaintiff to the child is that of Father. The plaintiff currently resides with the following persons: Name Roger W. Pond Sr. Dixie Lee Pond Relationship Child's Paternal Grandfather Child's Maternal Grandmother 5. The relationship of the defendant to the child is that of natural mother. She resides with the following Name Relationship Janet Blosser Maternal Grandmother to Child Edna Keller Maternal Great-grandmother to Child Chase M. Pond Son 6. Plaintiff (has) (has not) participated as a party as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is. Plaintiff (has) (has no) information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is N/A Plaintiff (knows) (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 vitiation rights with respect to the child. The name and address of such person is: N/A 7. The best interest and permanent welfare of the child will be served by granting the relief requested because : a) Father has been an integral part of Chase's life since birth, helping with child care chores and helping to make decisions in his interest. b) Mother has recently become reluctant to allow Father to have regular time with the child on a regular schedule, probably due to Father having a new girlfriend. c) Mother asserts that she has sole physical and legal custody, and refuses to allow the child to participate in any activity unless she completely approves. d) Mother also asserts she has the right to remove the child from Father's custody at any time, for any reason, despite the lack of any authority for this proposition. e) A regular schedule will allow both of the parties to begin the process of dealing with the fact that they remain Chase's parents, even though their relationship to each other has changed. f) The relief requested will still allow Mother to have primary physical custody, and very significant time with Chase, which Father does not wish to discourage. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties, known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim [only the parties named herein, above] Wherefore, plaintiff requests the court to grant partial custody of the child to Plaintiff. Respectfully submitted, )David R. Yo , Counsel for the Plaintiff Pa. Attorney I.D. #76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all ass_erl?hherem pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authnri?L-.,z Date: /.5 ger W. k'3 C ? o U` c R 1 ROGER W. POND, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BOBBI JO LIGHTNER DEFENDANT 2008-0437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 23, 2008 , 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 Thursday, February 21, 2008 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. 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. J0 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 3o- h-Cl I :5Q. h'C' / -so-kir -/ k • OM CSC WTULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ROGER W. POND, JR., Plaintiff V. BOBBI JO LIGHTNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-437 Civil Term : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Bobbi Jo Lightner, in the above- captioned matter. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: !i 2-1 D 0,q) vluta- Kara W. Haggerty, Es 36 South Hanover Stre Carlisle, PA 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE AND NOW, this day of February, 2008, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Entry of Appearance by First Class U.S. Mail addressed to the following: David R. Yoder, Esquire P. O. Box 215 Carlisle, PA 17013 Attorney for Plaintiff G ?; cc? .-a ?' nrt ?' _,.. r7 Imo`' C. , "?7 `-? C.? ,r°' ?, ?. YAR i6 20?,M t.? r' ROGER W. POND, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BOBBI JO LIGHTNER NO. 2008-0437 Defendant IN CUSTODY COURT ORDER AND NOW, this day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Bobbi Jo Lightner, and the father, Roger W. Pond, Jr., shall enjoy shared legal custody of Chase M. Pond, born December 30, 2004. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody as follows: a. Every other weekend from 5:00 p.m. on Friday until 5:00 p.m. on Sunday; b. For one evening per week for a period of two hours with Father to give Mother 24 hours notice as to when he intends to exercise this custody; and c. At such other times as agreed upon by the parties. 4. The holiday schedule shall be handled as follows: a. The Christmas holiday shall be divided into two segments: Segment A: Christmas Eve at noon until Christmas Day at noon. Segment B: Christmas Day at noon until December 26 at noon. Mother shall have Segment A in even years and Father shall have Segment B in even years, with the parties alternating on odd years. b. On the child's birthday and subject to the parties' work schedules, the birthday shall be divided into two segments: Segment A: 8:00 a.m. until 1:00 p.m. Segment B: 1:00 p.m. until 7:00 p.m. Mother shall have Segment A in even years and Father shall have Segment B in even years, with the parties alternating in odd years. C. For the Easter and Thanksgiving Holidays, the two Holidays shall be divided into two segments: Segment A: 9:00 a.m. until 3:00 p.m. Segment B: 3:00 p.m. until 9:00 p.m. Mother shall have Segment A in odd years and Father shall have Segment B in odd years, with the parties alternating in even years. Y*t Yl- A,NN3d L S : I I WV 9- 8a 8001 A8VIOWJHiC)W 3HI 4 301- CO-q L4 4 d. Memorial Day, July 4`b and Labor Day shall be shared or alternated as the parties agree. e. Both parties shall enjoy two weeks of vacation with the minor child during the summer or unless there are extenuating circumstances, these shall not be consecutive weeks. The parties shall notify the other parent at least prior to May 1 of each year as to when they will exercise their vacation time. 5. It is understood that Mother will cooperate as reasonably possible with respect to any Bible School or other church functions the Father may schedule with the minor child. Father shall consult with Mother prior to scheduling any such events to ensure that the events will not interfere with matters previously scheduled by Mother. 6. The parties may modify the Custody Order above as they agree. Absent an agreement, the parties shall follow the Custody Order as set forth above. However, in the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 7. The parties shall furnish each other with a cell phone number so they may communicate with each other, which communication shall not be deemed to be in violation of any prohibition the parties or other interested individuals may have imposed with respect to communication. cc: ACara Haggerty, Esquire Xavid R. Yoder, Esquire ?, 0 ,O O? BY THE COURT, ROGER W. POND, JR., Plaintiff v BOBBI JO LIGHTNER Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-0437 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Chase Matthew Pond, born December 30, 2004. 2. A Conciliation Conference was held on February 21, 2008, with the following individuals in attendance: Father, Roger W. Pond, Jr., with his counsel, David R. Yoder, Esquire, and the Mother, Bobbi Jo Lightner, with her attorney, Kara Haggerty, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: 3 a t1A W Hubert X. ilroy, Esquire Custody onciliator ROGER W. POND, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-0437 CIVIL BOBBI JO LIGHTNER, ; Defendant IN CUSTODY ORDER AND NOW, this /Y' day of March, 2008, our order of February 6, 2008, is amended to reflect that the actual date of said order is March 6, 2008. All other provisions of said order shall remain in full force and effect. BY THE COURT, 7X-Vz1- /?l /7t/, Kevin. Hess, J. avid R. Yoder, Esquire For the Plaintiff ara Haggerty, Esquir For the Defendant : rlm n? .Z 1?? 4? C?Vi?DQL ROGER W. POND, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law BOBBI JO LIGHTNER, Defendant No. 2008-0437 IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Roger W. Pond, Jr., by and through his counsel, Michael J. Whare, Esquire and in support of his Petition to Modify Custody avers as follows: 1. Petitioner is Roger W. Pond, hereinafter referred to as "Father". 2. Defendant is Bobbi Jo Lightner, hereinafter referred to as "Mother". 3. The parties are the parents of Chase M. Pond, born December 30, 2004, hereinafter referred to as "Child". 4. On March 6, 2008, The Honorable Kevin A. Hess entered a Custody Order based on an agreement entered into by the parties at the conciliation conference. (Attached as Exhibit A) 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother has been inconsistent in allowing Father one evening per week with the Child as directed in the custody order. b) Father would like to spend additional time with Child than what is provided for under the current custody order. c) Father has been solely responsible for transportation. d) Father is concerned that Mother is allowing Child to watch programs that are too mature for a child of his age. 6. The best interest of the Child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant his Petition to Modem Custody. Respectfully submitted, Date: l Z"Z9 -°1? ,. L., Michael I Wh e, Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff ROGER W. POND, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law BOBBI JO LIGHTNER, Defendant : No. 2008-0437 IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ,! ;-; ?- 6 W- A ROGER W. POND, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CliN4iBERLANND COUNTY. PENNSYLVAN A CA'IL ACTION - LAW BOBBI JO LIGHTNER NO. 2008-0437 Defendant IN CUSTODY COURT ORDER AND NOW, this ? day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The mother. Bobbi Jo Lightner. and the father. Roger NV. Pond, Jr.. shall enjoy shared legal custody of Chase M. Pond, born December 30, 2004. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody as follows: a. Every other weekend from 5:00 p.m. on Friday until 5:00 p.m. on Sunday; b. For one evening per week for a period of two hours with Father to give Mother 24 hou'=smetise-as,4e-when he intends to exercise this custody; and c. At such other times as agreed upon by the parties. 4. The holiday schedule shall be handled as follows: a. The Christmas holiday shall be divided into two segments: Segment A: Christmas Eve at noon until Christmas Day at noon. Segment B: Christmas Day at noon until December 26 at noon. Mother shall have Segment A in even years and Father shall have Segment B in even years, with the parties alternating on odd years. b. On the child's birthday and subject to the parties' work schedules. the birthda, shall be divided into two segments: Segment A: 8:00 a.m. until 1:00 p.m. Segment B: 1:00 p.m. until 7:00 p.m. Mother shall have Segment A in even years and Father shall have Segment B in even years, with the parties alternating in odd years. C. For the Easter and Thanksgiving Holidays, the two Holidays shall be divided into two segments: Segment A: 9:00 a.m. until 3:00 p.m. Segment B: 3:00 p.m. until 9:00 p.m. Mother shall have Segment A in odd years and Father shall have Segment B in odd years. with the parties alternating in even years. d. N£enorial Dav..lui. and Labor Day shall be shared or alternated as the parties ?i Zree. e. Beth parties shall enjoy two weeks of vacation with the minor child during the zrnrner or unless there are extenuating circumstances, these shall not be onsecutive weeks_ The parties shall notify the other parent at least prior to May 1 A? each year as o Shen they will exercise their vacation time. 5. It is understood that Mother will cooperate as reasonably possible with respect to any Bible School or other church functions the Father may schedule with the minor child. Father shall consult %vith Mother prior to scheduling any such events to ensure that the events will not interfere with matters previously scheduled by Mother. 6. The parties may modify the Custody Order above as they agree. Absent an agreement, the parties shall follow the Custody Order as set forth above. However, in the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 7. The parties shall furnish each other with a cell phone number so they may communicate with each other, which communication shall not be deemed to be in violation of any prohibition the parties or other interested individuals may have imposed with respect to communication. BY THE C URT, 1 Anj J. cc: Kara Haggerty, Esquire David R. Yoder, Esquire In Testimc i '.t- ?;; -of, ! k i hand and seat of said ourt i iiste, Pa. Thi L ....... d r of. lr4??1.., Ctirt'` ROGER V%*_ PL)\'D. JR.. Prair._i== s CIVIL ACTION - LAVA' NO. 08-043 CIVIL BOBBI JO LIGHTNER. Defendam IN THE COL'RT OF COMMON" PLEAS OF CUMBERLAND COUNT)'. PENNSYLVANIA IN CUSTODY ORDER AND NOW. this y day of March, 2008, our order of February 6, 2008, is amended to reflect that the actual date of said order is March 6, 2008. All other- provisions of said order shall remain in full force and effect. BY THE COURT. I=evin k, !'Hess.. J, David R. Yoder. Esquire Haggerty, Esquire For the Defendant For Kara the Plaintiff :rim 7 J- 4 w v c n t ?v ROGER W. POND JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BOBBI JO LIGHTNER DEFENDANT 2008-437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 31, 2008 , 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, January 30, 2009 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. 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 00? i4a ?"Yt? I? n? BOBBI JO LIGHTNER, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0437 ROGER W. POND, JR., : CIVIL ACTION - CUSTODY Defendant/Respondent PETITION TO MODIFY CUSTODY AND NOW, comes Bobbi Jo Lightner, by and through her counsel, Galen R. Waltz, Esquire, and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Bobbi Jo Lightner, herein after referred to as Petitioner who resides at 113 Tower Circle, Carlisle, Pennsylvania, 17013. 2. Defendant/Respondent is Roger W. Pond, Jr., herein after referred to as Respondent, resides at 50 Bonnybrook Road, Lot 17, Carlisle, Pennsylvania, 17013. 3. Respondent filed a Petition to Modify Custody with the Court of Common Pleas of Cumberland County on December 30, 2008. 4. The Petitioner is the natural mother of the minor, Chase M. Pond, born December 30, 2004, herein after referred to as "child". 5. Petitioner currently resides with her mother, Janet Blosser, her grandmother, Edna Keller, and her son, Chase M. Pond. 6. The Respondent is the natural father of the child. 7. Respondent currently resides with his wife Johnnie Schreib-Pond. 8. A Conciliation Conference has been scheduled for February 26, 2009 at 10:30a.m. before Hubert X. Gilroy. 9. The Respondent does not interact with the child when the child is within his custody; when the child is in the Respodent's custody, the child's activities are predominately with the stepmother. 10. When the Respondent lived with the Petitioner until November 2007, the Respondent would drink 16oz. containers and a six pack every night in front of the child. 11. The Respondent does not attend church with the child; therefore paragraph 5 of the controlling Custody Order should be eliminated. 12. It is believed and therefore it is averred that the Respondent has anger issues for he has a history in October 2007 of throwing the Petitioner onto a bed; punching a hole in the bedroom wall in the summer of 2007, and arguing loudly in front of the child. 13. In July of 2008 the Respondent demanded the child for a vacation; however, the Respondent had no vacation time at that time and only saw the child two times during that week when the child was placed by the Respondent with the paternal grandparents. 14. It is averred that the Respondent's desire to have the child during the course of vacations is subterfuge for the Father turning the child over to the paternal grandparents for vacation. 15. When the child is with the paternal grandparents, the paternal grandfather has habitually kicked the pet dog; as a result, the child kicks mother's cat and other animals from this learned behavior. 16. Within the past thirty days the child has presented with the learned behavior of grabbing females "crotch" and "breasts"; the child has indicated that he sees the Respondent doing this to the child's stepmother. 17. The Respondent's failure to interact with the child when the child is placed in his custody, the Respondent's consistent and repeated relinquishment of the child custody to his parents during periods of vacation time and the Respondent's drinking habits in front of the child, physical aggressiveness in front of the child, and inappropriate touching of people in front of the child is indicative that the best interest and permanent welfare of the child will be served by ordering the Respondent to: a. Enroll in and complete a certified parenting program; b. Enroll in and successfully complete an anger management course; c. Limit the Respondent's partial physical custody of the child to every other weekend from Friday 5:00 p.m. until Sunday 5:00 p.m. WHEREFORE, the Petitioner, Bobbi Jo Lightner, respectfully requests that this Honorable Court grant her Request to Schedule Custody Conciliation in this matter followed by maintaining primary physical custody of the minor child to Petitioner and Ordering the Respondent to successfully complete an Anger Management Course, successfully complete a Parenting Course and to provide partial physical custody to the Respondent every other weekend. Respectfully submitted, Galen R. al squire Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 717-245-9688 Attorney for Plaintiff/Petitioner r VERIFICATION I I verify that the statements made in the foregoing Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ov. Date 6b661-Jo L ghtner CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition to Modify Custody, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the .2144 day of G rv Ar , 2008, from Carlisle, Pennsylvania, addressed as follows: Michael J. Whare, Esquire 37 E. Pomfret Street Carlisle, PA 17013 TURO LAW OFFICES Mien R. Waltz, uire 28 South Pitt Sfit&t Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 39789 f \4(` 'tea co ^C y\ V BOBBI JO LIGHTNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROGER W. POND, JR. DEFENDANT 2008-437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 17, 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 Thursday, February 26, 2009 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. 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 w?., a ?f"l ,c,,?,? f /?.i ?'v?,1 "? ? " k w Jt? ,- =? ?(fia a t ??? U11UL ???rt ?? . '? r? -ar'4±, i^ MAR 0 3 200A 4 ROGER W. POND, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW BOBBI JO LIGHTNER NO. 2008-0437 Defendant IN CUSTODY COURT ORDER AND NOW, this 5' day of 2009, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the o??-4 day of , 2009 at !a%aru q.m. At this hearing, the father 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 five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of February 6, 2008, shall remain in effect subject to the following modifications: A. Father's periods of visitation on one evening per week pursuant to paragraph 3(B) of the February 6, 2008 Order shall be every Wednesday evening from 4:30 to 7:30. However, if mother is off work on Wednesday and notifies father within 48 hours of that date and provides father an alternate date of either Monday or Friday of that week as a substitute time, mother may substitute the evening to those days. B. Exchange of custody on the weekends shall be handled regarding transportation with the mother handling transportation on Friday and the father handling the transportation for exchange of custody on Sunday. Father's handling of the transportation on weekday exchange of custody shall continue. BY THE COURT, A 44. Judge Ke n A. Hess cc: ?(W'--Jen Waltz, Esquire /Michael J. Whare, Esquire CT fles 2/.4 ?l ©i i 6 f?, cap`s ROGER W. POND, JR., Plaintiff v BOBBI JO LIGHTNER Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-0437 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Chase Matthew Pond, born December 30, 2004. 2. A Conciliation Conference was held on February 26, 2009, with the following individuals in attendance: Father, Roger W. Pond, Jr., with his counsel, Michael J. Whare, Esquire, and the Mother, Bobbi Jo Lightner, with her attorney, Galen Waltz, Esquire. 3. Father is seeking some additional weekday time with the minor child. Mother suggests that the child is currently experiencing some problems with the father and, in fact, father's time should be limited. Additionally, mother is seeking father to go to some parenting and anger management classes. The parties are unable to reach an agreement and a hearing is required on these issues. The Conciliator recommends an Order in the form as attached to schedule a hearing but also recommends some modifications to the existing Order consistent with what the Conciliator felt was the status quo/agreement of the parties at the Conciliation Conference. Date: 9--??01- l ;1 lyy ROGER W. POND, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-0437 CIVIL BOBBI JO LIGHTNER, Defendant IN CUSTODY ORDER AND NOW, this cft x0f day of May, 2009, after hearing, our order of February 6, 2008 (as modified by Paragraph 2. B. of our Order of March 5, 2008) shall remain in effect subject to the following modification, to wit: Father shall have periods of partial custody every Monday and Wednesday evening from 4:30 p.m. until 7:30 p.m. However, if the mother wishes to make special plans and notifies the father within forty-eight (48) hours of either day and provides father an alternate date, the mother may substitute the evening to that day. The parties are encouraged to engage in co-parenting counseling to foster a better relationship for the purpose of raising their son. BY THE COURT, ZMichael J. Whare, Esquire For the Plaintiff -- Galen Waltz, Esquire For the Defendant Kevin,K. Hess, J. :rim t P..S rTi?t tx?L.? o:,3 v :oil 3 - NI -If ` 60 oz