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HomeMy WebLinkAbout04-0236SIGFRIDO PAGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ?i vs. : NO.O `-f - aaD C l BOBBI LEHMAN, : CIVIL ACTION - LAW Defendant :CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4 h Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archival en la torte en forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomari medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. usted puede perder dinero o sus propiedades o otros derechos importantes para usted. Page 1 of 2 LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4"' Floor Carlisle, PA 17013-3387 (717) 240-6200 Michael D. en?r, Esquire Attorney for Plaintiff Page 2 of 2 SIGFRIDO PAGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. y.. a2 BOBBI LEHMAN, : CIVIL ACTION - LAW Defendant :CUSTODY COMPLAINT FOR CUSTODY Ce- AND NOW, this -,? day of January, 2004, comes the Plaintiff, SIGFRIDO PAGAN, by her attorney Michael D. Rentschler, Esquire, and respectfully requests the following: 1. Your Plaintiff is Sigfrido Pagan, an adult individual, who currently resides at 3946 Reflection Drive, Anchorage, Alaska 99504. On February 8, 2004, Plaintiff will relocate to Newport News, Virginia. 2. The Defendant is Bobbi Lehman, an adult individual; who currently resides at 2E. Locust Street, Apartment 1, Enola, Cumberland County, PA. 3. The Plaintiff and Defendant are the natural parents of one minor child, namely, Delayna Lehman, hereinafter referred to "Child", was bom December 12, 1998, at the McGuire Air Force Base, New Jersey. 4. The Child has lived with the following persons at the following addresses and with the following persons, as follows: a. with Mother at McGuire Air Force Base, New Jersey from birth to September, 2001; b. with Mother and Grandmother Darlene Lehman at 216 N. Enola Drive, Cumberland County, PA, from September 2001 until February 2003; and c. with Mother at 2 E. Locust Street, Apartment 1, Enola, Cumberland County, PA from February 2003 to current. 5. Plaintiff believes it is in Child's best interest that he is granted joint legal custody and partial physical custody with liberal visitation rights with the Child for the following reasons: a. Although Plaintiff was previously in the military and stationed in Alaska, he has maintained contact with child, has visited child, has financially supported Child and desires to continue a more meaningful relationship with the Child; b. Plaintiff will be residing in Newport News, Virginia in February, 2004, and therefore, will be close enough to Child to permit him to have regular prescribed times to exercise physical custody of Child; and c. Plaintiff is the loving natural father of Child and there is no rational basis for denying him joint legal custody and partial physical custody of the Child. 6. The Court of Common Pleas of Cumberland County has jurisdiction in this case since Mother and Child have resided in Pennsylvania in excess of the statutorily prescribed length of time, 7. There have not been any prior actions for custody of the minor Child in Pennsylvania or elsewhere. WHEREFORE, Plaintiff, Sigfrido Pagan, by his attorney Michael D. Rentschler, Esquire, respectfully prays your Honorable Court to grant him joint legal custody and partial physical custody of the Child. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE Attorney I.D. No. 45836 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Attorney for Plaintiff VERIFICATION I, Sigfrido Pagan, do hereby acknowledge that the statements contained in the within document are true and correct to the best of my 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. p2J4,,L e, ., ?f44Y Date: Si " o Pagan ?> c> a!' l __ ? ? Q ?.? ^^ ?t1? ?d \ ?a I A r 5 r- . n S S C? ?? SIGFRIDO PAGAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-236 CIVIL AC'T'ION LAW BOBBILEHMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday January 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy Esg the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, February 16, 2004 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish 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/ Melissa P Gr v Esq. L 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 HAVL AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELLPHONE 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 LC .I '!.! n? 3, x;? hIJZ MAR 0 2 2004 SIGFRIDO PAGAN, V. BOBBI LEHMAN, Plaintiff NO. 04-236 CIVIL TERM CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3ok day of ??.e.Q. , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Sigfrido Pagan and Bobbi Lehman, shall have shared legal custody of the minor child, Delayna Lehman, born December 12, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Father's rights of partia cu t dy which shall belarrang d primary as followssical custody subject to A. To commence February 27, 2004, on alternating weekends from Friday at 8:00 p.m. until Sunday at 4:00 p.m. B. At such other times as the parties agree. 3. Holidays. The following holiday scheduled shall take precedence over the regular schedule: A. Christmas. The parties shall share custody over the Christmas holiday in accordance with an A/B schedule. Segment A shall be from December 24th at Noon until December 25th at Noon. Segment B shall be from December 25th at Noon until New Year's Day at 4:00 p.m. In even-numbered years, Mother will have Segment A and Father will have Segment B. In odd- numbered years, Father will have Segment A and Mother will have Segment B. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G/ NO. 04-236 CIVIL TERM B. Easter. The parties will alternate the Easter holiday with Father having the holiday in odd-numbered years and the Mother having the holiday in even-numbered years. The Easter holiday shall be defined as that period from Friday before Easter at 8:00 p.m. until Easter Sunday at 4:00 p.m. C. Thanksgiving. The parties will alternate the Thanksgiving holiday with Father having the holiday in even-numbered years and the Mother having the holiday in odd-numbered years. The Thanksgiving holiday shall be defined as that period from Wednesday evening before Thanksgiving at 8:00 p.m. until the Sunday after Thanksgiving at 4:00 p.m. D. Memorial Day will be Dav/ Labor Dav. Custody for Memorial Day and Labor enjoyed by the parent then having custody for the immediately preceding weekend. 4. Summer. Commencing with Summer 2005, Father will have custody in the Summer beginning with the first Saturday after school is dismissed for Summer recess and continuing until the last Saturday in July each year. Accordingly, Father will have custody for each Independence Day. 5. In the event that Father is in Harrisburg, it shall be permissible for him to pickup the child at the daycare center. 6. If Mother is unable to provide and care for the child, Father will retain the right to petition the Court to modify this Order of custody and Father shall have the first priority to assume custody of the child over any other third party. 7. The Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 8. Relocation. In the event that either party desires to relocate at a distance greater than the present five (5) hour drive that exists between the parties, the party desiring NO. 04-236 CIVIL TERM relocation will give sixty (60) days written notice to the other parent to allow the parties an opportunity to either resolve the matter amicably or petition the Court for a hearing on whether or not the parent should be allowed to relocate with the-child. BY THE J. Dist: Michael D. Rentschler, Esquire, 28 N. 320' Street, Camp Hill, PA 17011 Bobbi Lehman, 2 E. Locust Street, Apt. 1, Enola, PA 17025 sJ? :e ??d e- ?y?,ya©ot ?lv -501 0-p 7U? aJ SIGFRIDO PAGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-236 CIVIL TERM V. BOBBI LEHMAN, Defendant 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 THE CUSTODY OF Delayna Lehman December 12, 1998 Mother 2. Father filed a Complaint for Custody on January 16, 2004. A Custody Conciliation Conference was held on February 16, 2004 with the following individuals in attendance: the Father, Sigfrido Pagan, and his counsel, Michael D. Rentschler, Esquire; the Mother, Bobbi Lehman, participated pro se. 3. The parties reached an agreement in rm of an Order as attached. ?/lob Date Melissa Peel Greevy, Esquire Custody Conciliator :224721 FRIEDMAN and KING, P.C. John F. King, Esq. ID #61919 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 Attorney for Defendant/Petitioner SIGFRIDO PAGAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Respondent NO: 04-236 Civil Term BOBBI LEHMAN, CIVIL ACTION - LAW Defendant Petitioner IN CUSTODY PETITION FOR MODIFICATION OFA CUSTODY ORDER 1. The Petitioner is Bobbi Lehman, Defendant in the above-captioned action, and Mother of the subject minor child, with a current address of 2 East Locust Street, Apt. 1, Enola, Cumberland County, PA, 17025. 2. The Respondent is Sigfrido Pagan, Plaintiff in the above-captioned action, and Father of the subject minor child, with a current address of 128 Post Street, Newport News, VA 23601. 3. The Petitioner respectfully represents that on the 3rd day of March, 2004, an Order of Court was entered for the custody and visitation of the subject minor child, Delayna Lehman a/k/a Delayna Pagan, born December 12, 1998, a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. This Order should be modified because: A. On or about December 17, 2006, the Respondent/Father, Sigfrido Pagan, did correspond with the Petitioner/Mother by way of e-mail communication, and did indicate that after the 2006 Christmas holiday he would no longer pick up the child and that it was his intention to "give up my non-custodial rights and visitation privileges and let you maintain primary custody and responsibilities." and also indicated "I've discussed this my family (sic) and they're aware as well so the visitation and partial custody will cease affective (sic) 1 Jan 2006". B. Despite receipt of the aforementioned e-mail communication, Mother did allow Father his period of visitation during the 2006 Christmas holiday as contained in the aforementioned Custody Order, and Father did have visitation with the subject minor child from December 25, 2006 through January 1, 2007. C. Since January 1, 2007, Father has failed to exercise his custodial rights and obligations as contained in the aforementioned Order, despite a lack of interference from Petitioner/Mother. D. Since January 1, 2007, Respondent/Father has failed to initiate any visits or telephone communication with the subject minor child. E. Since January 1, 2007, the subject minor child has been able to initiate one telephone call with her Father, and all other attempts by the subject minor child to initiate telephone communication with the Respondent/Father have failed, despite messages having been left by the subject minor child during said attempts. F. It is believed, and therefore averred, that it is unreasonable for Petitioner/Mother to continue to be subject to an Order of Court in which she is required to share legal custody of the subject minor child, given Respondent/Father's total lack of communication. G. It is believed, and therefore averred, it is in the child's best interest to not be the subject of unsupervised visitation with her Respondent/Father. H. Mother is desirous of being able to travel with her daughter outside of the United States, which travel necessitates Mother being able to exercise sole legal custody of the child in order to obtain a passport for the child. WHEREFORE, Petitioner/Mother requests that the Court modify the existing Order for custody and visitation by granting Petitioner sole legal custody and primary physical custody of the minor subject child because it will be in the best interest of said child. Date: March 2007 Respectfully submitted, FRIEDMAN and KING, P.C. By: John F. King, E quit ID#61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Attorney for Defendant/Petitioner TO: Sigfrido Pagan 128 Post Street Newport News, VA 23601 VERIFICATION I, Bobbi Lehman, hereby acknowledge that I am the Defendant/Petitioner in the foregoing action; that I have read the foregoing Petition for Modification of a Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Bobbi Lehman Dated: March ?, 2007 bbibit A MAR ? 2 Zoos SIGFRIDO PAGAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-236 CIVIL TERM V. CIVIL ACTION - LAW BOBBI LEHMAN, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 30k day of , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Sigfddo Pagan and Bobbi Lehman, shall have shared legal custody of the minor child, Delayna Lehman, born December 12, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding, her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records :or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence February 27, 2004, on alternating weekends from Friday at 8:00 p.m. until Sunday at 4:00 p.m. B. At such other times as the parties agree. 3. Holidays. The following holiday scheduled shall take precedence over the regular schedule: A. Christmas. The parties shall share custody over the Christmas holiday in accordance with an A/B schedule. Segment A shall be from December 24th at Noon until December 25th at Noon. Segment B shall be from December 25th at Noon until New Year's Day at 4:00 p.m. In even-numbered years, Mother will have Segment A and Father will have Segment B. In odd- numbered years, Father will have Segment A and Mother will have Segment B. NO. 04-236 CIVIL TERM B. Easter. The parties will alternate the Easter holiday with Father having the holiday in odd-numbered years and the Mother having the holiday in even-numbered years. The Easter holiday shall be defined as that period from Friday before Easter at 8:00 p.m. until Easter Sunday at 4:00 p.m. C. Thanksgiving. The parties will alternate the Thanksgiving holiday with Father having the holiday in even-numbered years and the Mother having the holiday in odd-numbered years. The Thanksgiving holiday shall be defined as that period from Wednesday evening before Thanksgiving at 8:00 p.m. until the Sunday after Thanksgiving at 4:00 p.m. D. Memorial Day / Labor Day. Custody for Memorial Day and Labor Day will be enjoyed by the parent then having custody for the immediately preceding weekend. 4. Summer. Commencing with Summer 2005, Father will have custody in the Summer beginning with the first Saturday after school is dismissed for Summer recess and continuing until the last Saturday in July each year. Accordingly, Father will have custody for each Independence Day. 5. In the event that Father is in Harrisburg, it shall be permissible for him to pickup the child at the daycare center. 6. If Mother is unable to provide and care for the child, Father will retain the right to petition the Court to modify this Order of custody and Father shall have the first priority to assume custody of the child over any other third party. 7. The Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 8. Relocation. In the event that either party desires. to relocate at a distance greater than the present five (5) hour drive that exists between the parties, the party desiring NO. 04-236 CIVIL TERM relocation will give sixty (60) days written notice to the other parent to allow the parties an opportunity to either resolve the matter amicably or petition the Court for a hearing on whether or not the parent should be allowed to relocate with t hild. BY THE J. Dist: Michael D. Rentschler, Esquire, 28 N. 32"d Street, Camp Hill, PA 17011 Bobbi Lehman, 2 E. Locust Street, Apt. 1, Enola, PA 17025 rRUE COPY FROM RECORD in TWImony wlw , I h(wa unto set rj hand v,d the seal of said Coun at 6alrikk, Pa. This av ' a ProthonlcO I& SIGFRIDO PAGAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-236 CIVIL TERM V. CIVIL ACTION - LAW BOBBI LEHMAN, IN CUSTODY Defendant 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 Delayna Lehman DATE OF BIRTH December 12, 1998 CURRENTLY IN THE CUSTODY OF Mother 2. Father filed a Complaint for Custody on January 16, 2004. A Custody Conciliation Conference was held on February 16, 2004 with the following individuals in attendance: the Father, Sigfrido Pagan, and his counsel, Michael D. Rentschler, Esquire; the Mother, Bobbi Lehman, participated pro se. 3. The parties reached an agreement in Z of an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :224721 ? o d ? ? ? ? ? ?° `? -?.., = ? R ?? ?y ? 1 a ` ? {??/! yy -?i^? i r , s { {,?,? ` ? _s _? ?' SIGFRIDO PAGAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BOBBI LEHMAN DEFENDANT 04-236 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 28, 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, April 25, 2007 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By; /s/ 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 ?Ta` Z ? co. e•h !AS N fi S: I I: vj G" ?J LOOZ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SIGFRIDO E. PAGAN, JR. Plaintiff V. BOBBI LEHMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-236 Civil Term CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Sigfrido E. Pagan, Jr., the Plaintiff in the above-captioned matter. Date: ? /& o By: P. ASSOCIATES MARIA P` COTTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff TO THE PROTHONOTARY: Kindlywithdraw my appearance on behalf of Sigfrido E. Pagan, Jr., the Plaintiffin the above-captioned matter. Date: By: J NE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 1AForms-Ivt4MISMedificate of Service.SER 4116/07 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Praecipe for Withdraw/Entry of Appearance by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: John F. King, Esquire 600 North Second Street, 5th Floor Harrisburg, PA 17101 MARIA P. COGNETTI & ASSOCIATES Date: April 16, 2007 By: /L/ L K A,. , MARIA . C NETTI, ESQUIRE Attorney I.D. o. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant r3 c:? r{z; .? f l SIGFRIDO PAGAN, V. BOBBI LEHMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Respondent NO: 04-236 Civil Term CIVIL ACTION - LAW Defendant Petitioner IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this 10th day of April serving the foregoing custody modification complaint upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail and Certified Mail RRR addressed as follows: Sigfiido Pagan 128 Post Street Newport News, VA 23601 certified mail - 7006 0100 0005 1040 2549 Sharry Semans CERTIFIEC (Domestic Mail Or ._ 0 S C r9l Postage $ t.rl r3 Certified Fee C3 C3 Return Receipt Fee (Endorsement Required) C3 C3 Restricted Delivery Fee (Endorsement Required) ra C3 Total Postage & Fees $ 1. Articie Addressed to- I Z-? Po sf- S f O o Lq&-7f ,fie uos Z3(o41 A sippAire X 'll/i. ol,d? E3 Agat B. Nmne ary adds dlKererd from Item W ? Yes enter deomy address below: ? No 3. awvloa type -- 10116rdiud mail ? Ewass mail ? Registered ? Rertum Receipt for Marcdtartdae a rn To C3 D lrroured Mad! 13 C.O.D. N Street t o. ------------------------------------------------ - 4. Reetrkhed DsNrarY9 (Exba fy,y ? Yes or PO Box No. ciy sraie; ziP+a z Arlid' Number -------------- ------ 0hirtalYr horn m a« 7 006 0100 0005 1040 2 5 4 9 P3 Form 3911, February 2004 Domestic R.u,m Mow 1025954)2-M.ta40 ¦ ComplMs hwm 1, 2. and 9. Aim compiete item 4 If Restricted Delivery is desired. • ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If spaoe permits. c :- ?' t? ;-? ?? j^? _ ?,?,.1 . VJ ?, -,; ?'? ?? ? .? ? ^r JUN 19 2007 SIGFRIDO PAGAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-236 CIVIL ACTION LAW BOBBI LEHMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The prior Order of this Court dated March 3, 2004 is vacated and replaced with this Order. 2. The Father, Sigfrido Pagan, and the Mother, Bobbi Lehman, shall have shared legal custody of Delayna Lehman, born December 12, 1998. Major decisions concerning the Child including, but not necessarily limited to, her 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 make major non- emergency decisions concerning the Child without the express agreement of the other party. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. School year: During the school year, the Father shall have custody of the Child for one extended weekend period each month when the Child has off school on the school days immediately preceding or following the weekend. The Father shall have custody of the Child from 8:00 p.m. on the last school day before the extended weekend through the last day of the extended weekend at 4:00 p.m. The Father shall notify the Mother of his selection of extended weekends for the entire school year within two weeks of receipt of the school calendar. In the event the Child's school h is in session during a school day for which the public schools have an extended weekend holiday, the Father may remove the Child from school for that school day, if approved by the school in advance, no more than two times per school year. In addition, the Father shall have custody of the Child for one additional weekend per month when the Father travels to Pennsylvania for the weekend, from Friday at 5:00 p.m. when the Mother shall transport the Child to the paternal grandmother's residence, until Sunday at 4:00 p.m., when the Father shall return the Child to the Mother's residence. The Father shall notify the Mother at least 24 hours in advance of the weekend period of custody if he is unable to travel to Pennsylvania for the custodial period. B. Summer school break: During the summer school break each year, the Father shall have custody of the Child beginning at 8:00 p.m. on the day following the last day of school through Labor Day at 4:00 p.m., with the exception that the Mother shall have custody of the Child for the last two weeks of July, for which the exchanges shall take place on Fridays in the same manner as the extended weekend school year exchanges. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In odd-numbered years, the Father shall have custody of the Child from 8:00 p.m. the last day of school prior to the holiday school break through the day which falls at the mid-point of the entire holiday school break at 4:00 p.m. and the Mother shall have custody from the mid-point day through the beginning of school after the holiday. In even-numbered years, the Mother shall have custody of the Child through the first half of the Christmas holiday break through the mid- point day at 8:00 p.m. and the Father shall have custody from the mid-point day through the day before school resumes after the holiday at 4:00 p.m. B. Thanksgiving: In odd-numbered years, Father shall have custody from Thanksgiving Day at 8:00 p.m. through the last day of the Thanksgiving school holiday at 4:00 p.m. In even-numbered years, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 8:00 p.m. through the following Sunday at 4:00 p.m.. C. Easter: In odd-numbered years, the Father shall have custody of the Child from the last day of school prior to the holiday at 8:00 p.m. through Saturday at 4:00 p.m. and the Mother shall have custody of the Child from Saturday at 4:00 p.m. through the remainder of the Easter holiday. In even-numbered years, the Father shall have custody of the Child from the last day of school before the holiday at 8:00 p.m. through the day before school resumes at 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. During months in which the Father has a period of holiday custody under this Order, the Father's period of holiday custody shall constitute the Father's monthly extended weekend period of custody. 6. Unless otherwise specified in this Order, the parties shall exchange custody at 8:00 p.m. at the beginning of the Father's periods of partial custody and at 4:00 p.m. on the last day of the Father's periods of custody. Unless otherwise specified in this Order, the place of exchange shall be at a public place (to be determined by the parties) off Exit 152 (Dumfries) of Interstate Rte. 95. 7. The parties shall consult with each other in scheduling ongoing activities for the Child and the Child's social events shall be determined by the parent having custody at the time of the events. The parties shall be reasonable and cooperative in making necessary adjustments to the schedule to accommodate other major family demands or events. N 8. In the event that either party desires to relocate at a distance greater than the present five hour drive that exists between the parties, the party desiring relocation shall provide at least 60 days advance written notice to the other parent to allow the parties an opportunity to either resolve the matter by agreement or through the legal process, if necessary. 9. 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. .X2 'a P. Cognetti, Esquire - Counsel for Father ?° "' n F. King, Esquire - Counsel for Mother hciwarci h. liuiao J . ?ti ??? f? ?., ? i . ? -,l??i^? f? '_ iV-? '? ? 1-?.L ?L? ?,? w..l ..,? . -? SIGFRIDO PAGAN Plaintiff vs. BOBBI LEHMAN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-236 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 Delayna Lehman a/k/a Pagan December 12, 1998 Mother 2. A custody conciliation conference was initially held on April 25, 2007 and was reconvened on issues still in dispute on May 31, 2007, with the following individuals in attendance: the Father, Sigfrido Pagan, with his counsel, Maria P. Cognetti, Esquire, and the Mother, Bobbi Lehman, with her counsel, John F. King, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the transportation arrangements for the weekend periods of partial custody which take place in Pennsylvania which are the recommendation of the conciliator based on the need to coordinate the custody exchanges for both of the Father's children. Julu .2 007 Date Dawn S. Sunday, Esquire Custody Conciliator Sandra L. Meilton, Esquire Daley Zucker Meilton Minor & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeiltonAdzmmglaw. com SIGFRIDO PAGAN, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 04-236 Civil Term V. CIVIL ACTION -LAW BOBBI LEHMAN, Defendant : IN CUSTODY PETITION FOR MODIFICATION AND NOW, comes Defendant, Bobbi Lehman, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the within Petition for Modification: 1. Plaintiff and Defendant are the parents of one minor daughter, Delayna Pagan, born December 12, 1998. 2. The Honorable Edward E. Guido entered an Order of Court dated June 20, 2007 (copy attached hereto as Exhibit "A") regarding custody of Delayna. 3. The parties operated under the June 20, 2007 Order for the balance of the summer of 2007. 4. Issues arose regarding the summer visitation which prompted Defendant to seek some modification of the summer Order. 5. Defendant tried unsuccessfully to address the issues with Plaintiff. 6. Defendant respectfully requests that a custody conciliation conference be scheduled. 7. Defendant's counsel spoke with Plaintiffs counsel, Maria P. Cognetti, on October 17, 2007 regarding concurrence/non-concurrence for this Petition and Ms. Cognetti indicated that she would not concur with the filing of this Petition for Modification. WHEREFORE, Defendant requests this Honorable Court to schedule a custody conciliation conference in the above matter. Sandra L. Meilton, Esq 're DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ATTORNEYS FOR DEFENDANT VERIFICATION I, the undersigned, Bobbi Lehman, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Bobbi Lehman Dated: C7+ OC?r 0-1 jUN 19 2007, SIGFRIDO PAGAN Plaintiff vs. BOBBI LEHMAN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-236 CIVIL ACTION LAW k. IN CUSTODY Defendant ORDER OF COURT AND NOW this Afok day of 2007, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The prior Order of this Court dated March 3, 2004 is vacated and replaced with this Order. 2. The Father, Sigfrido Pagan, and the Mother, Bobbi Lehman, shall have shared legal custody of Delayna Lehman, born December 12, 1998. Major decisions concerning the Child including, but not necessarily limited to, her 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 make major non- emergency decisions concerning the Child without the express agreement of the other party. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. School year: During the school year, the Father shall have custody of the Child for one extended weekend period each month when the Child has off school on the school days immediately preceding or following the weekend. The Father shall have custody of the Child from 8:00 p.m. on the last school day before the extended weekend through the last day of the extended weekend at 4:00 p.m. The Father shall notify the Mother of his selection of extended weekends for the entire school year within two weeks of receipt of the school calendar. In the event the Child's school Exhibit "A" is in session during a school day for which the public schools have an extended weekend holiday, the Father may remove the Child from school for that school day, if approved by the school in advance, no more than two times per school year. In addition, the Father shall have custody of the Child for one additional weekend per month when the Father travels to Pennsylvania for the weekend, from Friday at 5:00 p.m. when the Mother shall transport the Child to the paternal grandmother's residence, until Sunday at 4:00 p.m., when the Father shall return the Child to the Mother's residence. The Father shall notify the Mother at least 24 hours in advance of the weekend period of custody if he is unable to travel to Pennsylvania for the custodial period. B. Summer school break: During the summer school break each year, the Father shall have custody of the Child beginning at 8:00 p.m. on the day following the last day of school through Labor Day at 4:00 p.m., with the exception that the Mother shall have custody of the Child for the last two weeks of July, for which the exchanges shall take place on Fridays in the same manner as the extended weekend school year exchanges. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In odd-numbered years, the Father shall have custody of the Child from 8:00 p.m. the last day of school prior to the holiday school break through the day which falls at the mid-point of the entire holiday school break at 4:00 p.m. and the Mother shall have custody from the mid-point day through the beginning of school after the holiday. In even-numbered years, the Mother shall have custody of the Child through the first half of the Christmas holiday break through the mid- point day at 8:00 p.m. and the Father shall have custody from the mid-point day through the day before school resumes after the holiday at 4:00 p.m. B. Thanksgiving: In odd-numbered years, Father shall have custody from Thanksgiving Day at 8:00 p.m. through the last day of the Thanksgiving school holiday at 4:00 p.m. In even-numbered years, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 8:00 p.m. through the following Sunday at 4:00 p.m.: C. Easter: In odd-numbered years, the Father shall have custody of the Child from the last day of school prior to the holiday at 8:00 p.m. through Saturday at 4:00 p.m. and the Mother shall have custody of the Child from Saturday at 4:00 p.m. through the remainder of the Easter holiday. In even-numbered years, the Father shall have custody of the Child from the last day of school before the holiday at 8:00 p.m. through the day before school resumes at 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. During months in which the Father has a period of holiday custody under this Order, the Father's period of holiday custody shall constitute the Father's monthly extended weekend period of custody. 6. Unless otherwise specified in this Order, the parties shall exchange custody at 8:00 p.m. at the beginning of the Father's periods of partial custody and at 4:00 p.m. on the last day of the Father's periods of custody. Unless otherwise specified in this Order, the place of exchange shall be at a public place (to be determined by the parties) off Exit 152 (Dumfries) of Interstate Rte. 95. 7. The parties shall consult with each other in scheduling ongoing activities for the Child and the Child's social events shall be determined by the parent having custody at the time of the events. The parties shall be reasonable and cooperative in making necessary adjustments to the schedule to accommodate other major family demands or events. 8. In the event that either party desires to relocate at a distance greater than the present five hour drive that exists between the parties, the party desiring relocation shall provide at least 60 days advance written notice to the other parent to allow the parties an opportunity to either resolve the matter by agreement or through the legal process, if necessary. 9. 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: Maria P. Cognetti, Esquire - Counsel for Father John F. King, Esquire - Counsel for Mother • ?y I SIGFRIDO PAGAN Plaintiff VS. BOBBI LEE MAN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-236 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 Delayna Lehman a/k/a Pagan December 12, 1998 Mother 2. A custody conciliation conference was initially held on April 25, 2007 and was reconvened on issues still in dispute on May 31, 2007, with the following individuals in attendance: the Father, Sigfrido Pagan, with his counsel, Maria P. Cognetti, Esquire, and the Mother, Bobbi Lehman, with her counsel, John F. King, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the transportation arrangements for the weekend periods of partial custody which take place in Pennsylvania which are the recommendation of the conciliator based on the need to coordinate the custody exchanges for both of the Father's children. .2 0U7 Date Dawn S. Sunday, Esquire Custody Conciliator CERTIFICATE OF SERVICE AND NOW, this L?ty of , 2007, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Daley Zucker Meilton Miner and Gingrich, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 A L Gloria M. Rine n ? v d r 00 .G 00 b r r ?a : a c? D a3 fn rv CD !2 SIGFRIDO PAGAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2004-236 CIVIL ACTION LAW BOBBI LEHMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 30, 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, November 28, 2007 at 9:00 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. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 k0l AON Lo?lz SIGFRIDO PAGAN Plaintiff VS. BOBBI LEHMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-236 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this A day of , 2008, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: 1. The parties shall participate in therapeutic family counseling with Arnold Shienvold, Ph.D., or other professional selected by agreement between the parties. The parties shall contact the counselor within 10 days of the date of this Order in order to schedule the initial session. The parties shall participate in the number of sessions determined necessary by the counselor. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 2. The Father agrees to contact the Child's teacher to discuss issues concerning the Child and the advisability of obtaining counseling for the Child to address those issues. Thereafter, the parties shall cooperate in sharing information provided by the Child's teacher and following up on the recommendations provided. BY TH RT, Edward E. Guido J. cc: Maria P. Cognetti, Esquire - Counsel for Father Sandra L. Meilton, Esquire - Counsel for Mother Copts rn? t kN C Z :g WV ? I Vr HE r4tftl?.v?*sv? 1! t,,,.?c? ?H? ?tJ SIGFRIDO PAGAN Plaintiff vs. BOBBI LEHMAN =unj?r 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-236 CIVIL ACTION LAW IN CUSTODY Defendant Prior Judge: Edward E. Guido 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 Delayna Pagan December 12, 1998 Mother/Father 2. A custody conciliation conference was held on January 7, 2008, with the following individuals in attendance: the Father, Sigfrido Pagan, with his counsel, Maria P. Cognetti, Esquire, and the Mother, Bobbi Lehman, with her counsel, Sandra L. Meilton, Esquire. 3. The parties agreed to entry of an Order in the form as attached. goo 4?t?? Date Dawn S. Sunday, Esquire Custody Conciliator