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HomeMy WebLinkAbout08-7423RODNEY E. LAUGHMAN, SR. Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 09 - 'W3 016t L7i?L" BONNIE LAUGHMAN, Defendant IN DIVORCE and CUSTODY NOTICE 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 also lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU SO 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. 1 RODNEY E. LAUGIRAAN, SR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. o- 7 y a 3 Cc ?l L, BONNIE LAUGHMAN, Defendant IN DIVORCE and CUSTODY COMPLAINT UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Rodney E. Laughman, Sr., by and through his counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Rodney E. Laughman, Sr., an adult individual, who currently resides at 31 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Bonnie Laughman, an adult individual, who currently resides at 265 Waynesboro Pike, Fairfield, Adams County, Pennsylvania 17320. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 21, 2000, in Pleasant Hall, Franklin County, Pennsylvania and separated on or about June 21 2006. 5. There have been no prior actions of divorce or annulment between the parties hereto in this or any other jurisdiction. 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. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT 2 - CUSTODY 9. The previous paragraphs 1-8 are incorporated by reference. 10. Plaintiff seeks primary physical custody of the following children: Name Present residence DOB Rodney Laughman, Jr. 31 Town Mills 07/02/1992 Shippensburg, PA 17257 Alyssa Laughman 31 Town Mills 03/21/1998 Shippensburg, PA 17257 11. The children were not born out of wedlock. 12. The children are presently in the custody of Father, who resides a 31 Town Mills, Shippensburg, Pennsylvania 17257. 13. During the past five years, the children have resided with the following persons and at the following addresses: List all Persons Rodney Laughman and Bonnie Laughman Rodney Laughman Rodney Laughman and Jennifer Gravely Bonnie Laughman List All Addresses Dates 31 Town Mills 2003- June 2006 Shippensburg, PA 17257 31 Town Mills June 2006- November 2008 Shippensburg, PA 17257 31 Town Mills November 2008 - present Shippensburg, PA 17257 265 Waynesboro Pike June 2006-present Fairfield, PA 17320 14. The Mother of the children is Bonnie Laughman, who resides at 265 Waynesboro Pike, Fairfield, Adams County, Pennsylvania 17320. She is married to the Plaintiff. 15. The Father of the children is Rodney E. Laughman, Sr., who resides at 31 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257. He is married to the Defendant. 16. The relationship of plaintiff to children is that of Father. The Father currently resides with the following persons: Name Relationship Rodney Laughman, Jr. Son Alyssa Laughman Daughter Jennifer Gravely Girlfriend 17. The relationship of defendant to children is that of Mother. The Mother currently resides with the following persons: Name Relationship Alyssa Laughman Daughter 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 21. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name(s) Address Basis of Claim None 22. Reasons for granting relief: A) A Court Order of custody and structured visitation is desired so that Plaintiff and children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. B) A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. C) Plaintiff is best able to provide the care and nurture which the children need for healthy development. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his petition for primary physical custody of the children. Respectfully submitted, Date: 'a - W"j /? ,, /7 Michael I Whar Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff RODNEY E. LAUGHMAN, SR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. BONNIE LAUGHMAN, Defendant IN DIVORCE and 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:.,,,..2 i 9jc) ,?" .K Rodney Sr., Plaintiff m ew CAJ f_ :T i 7 :7; x:i RODNEY E. LAUGHMAN, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7423 CIVIL ACTION LAW BONNIE LAUGHMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 30, 2008 --,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January. 15, 2009 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 hearinp.. FOR THE COURT. By: /s/ _johnn Mangan, Jr., &9._ 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 ,. ?_? ; _ _. ?,i? ':.. .. JAN a n 200 0 RODNEY E. LAUGHMAN, SR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BONNIE LAUGHMAN : No. 08-7423 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this 2 s day of January 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the RU k day of , 2009 at v ayYpm in Courtroom number / in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each parry shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal custody: The Mother, Bonnie Laughman, and the Father, Rodney Laughman, Sr., shall have shared legal custody of Rodney Laughman, Jr., born 07/02/1992 and Alyssa Laughman, born 03/21/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. 3. Physical Custody: Mother and Father shall share physical custody of the Children as follows: a. Commencing 01/16/09, Mother shall have physical custody of the Children from after school on Friday until Wednesday morning every other week. Father shall transport the Children to Mother's residence on Friday at 5:30 pm. Mother is responsible for cu c C N ? transporting the Child(ren) to school (or the baby-sitter prior to school) Monday through Wednesday mornings. b. Commencing 1/26/09, Mother shall have physical custody of the Children from after school on Monday until Wednesday morning every other week. Mother shall pick the Child(ren) up after school on Monday. Mother is responsible for transporting the Child(ren) to school (or the baby-sitter prior to school) Tuesday and Wednesday mornings. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 6. The Children shall remain in their current school district absent mutual agreement or further Order of Court. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. xDi tribution: chael Whare, Esq. Oa6ie Laughman, 265 Waynesboro Pike, Fairfield, PA 17320 t/J?ehn J. Mangan, Esq. RODNEY E. LAUGHMAN, SR. Plaintiff V. BONNIE LAUGHMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-7423 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE Si Mb URY 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 children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Rodney Laughman, Jr. 07/02/1992 Mother and Father Alyssa Laughman 03/21/1998 Mother and Father 2. A Conciliation Conference was held on January 15, 2009 with the following individuals participating: The Mother, Bonnie Laughman, pro se The Father, Rodney Laughman, Sr., with his counsel, Michael Whare, Esq. 3. Mother's position on custody is as follows: Mother moved to Adams County in the spring of 2008 and now Mother and Father live approximately fifty (50) minutes apart. The Children have remained in their school district in Cumberland County. Currently Mother and Father share physical custody essentially equally. Mother has been transporting Alyssa to school (to a baby- sitter prior to school starting). The parents have been flexible regarding Mother's custodial time with Rodney, Jr. due to his age and work/school commitments. Mother asserts that the status quo is working fine or in the alternative, Mother requests that Alyssa change schools and that she would have Alyssa for the school week. Mother has some concerns about the Children and their academic performance. 4. Father's position on custody is as follows: Father asserts that the current situation is not in Alyssa's best interest due to the travel time that Alyssa spends from Mother's residence to school in the morning. Father would like to have the Children for the school week (Monday through Friday) and would be willing to expand Mother's weekend custodial time to three weekends per month. Father is also willing to offset Mother's "loss" of custodial time by expanding Mother's custodial time in the summer. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: l 7 L, RODNEY E. LAUGHMAN, SR., Plaintiff v BONNIE LAUGHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-7423 CIVIL TERM IN CUSTODY IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 20th day of April, 2009, upon consideration of the Complaint for Custody filed in the above-captioned matter, and pursuant to an agreement reached in open court by the parties, with Plaintiff being represented by Michael Whare, Esquire and Defendant representing herself, the Order of Court dated January 21, 2009, with respect to custody of the parties' children is hereby entered as a Final Order. By the Court, Michael Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 For Plaintiff /nnie Laughman 265 Waynesboro Pike Fairfield, PA 17320 Defendant, pro se :mae C Iles' M'al LAC, ?/v9 t=? li ii Vr 1u 1?;r -,ri o 91:Zl Wd I Z M 60OZ 11t3NG 3H130 3Ji :! D- 13'114 RODNEY E. LAUGHMAN, SR. Plaintiff V. BONNIE LAUGHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 08-7423 Civil Term IN DIVORCE r? c -03 rn tx) am z= r?-z a° 0 x NO .a- PROOF OF SERVICE ¦ Complete items 1, 2;-and 3. Also complete 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 mallpiece, or on the front If space permits. 1. 'Article TW= to: Cx?eS??Nf ayr?eS?o*o Pale 3 W A. signature X ? Agent ddresaee Received by ( ted ) C. of D. Is delivery address CIRWent from item 1? 13 Yes If YES, enter delivery adiess below: "@Mo 3. Swrvlca Type 16 Certffw Mail ? Bw= Mail ? Registered OF Ratum Receipt for Merchandise ? Insured Mail O C.O.D. 4. Restricted DelWW Pdra Fee) Yes G" --i x ?r-rt o, s° c )-n Z` q c3 --?rT1 2. Article Nunber 7 0 0 8 Mwlsfw nm servicek6o Ps Form 3811, February 2004 Domestic Retum Receipt 102595-02-W1540 RODNEY E. LAUGHMAN, SR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law V) :No. 08-7423 Civil Term -a3 BONNIE LAUGHMAN, Zrrnn ? rn-- Defendant M urn IN DIVORCE el > X- --46 5-n WAIVER OF NOTICE OF INTENTION TO REQUEST ENT RVe OF A DIVORCE DECREE UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. ?- ? Rodney ghm ,Plaintiff RODNEY E. LAUGHMAN, SR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. BONNIE LAUGHMAN, Defendant CIVIL ACTION - LAW NO. 08-7423 CIVIL TERM ORDER OF COURT AND NOW, this 10'h day of February, 2011, upon consideration of Plaintiff s Praecipe To Transmit Record [erroneously indicated as filed on behalf of Defendant], and it not being clear that Plaintiff's Affidavit under Section 3301(d) of the Divorce Code was accompanied by the Notice To Defendant required by Pa. R.C.P. 1920.72(d), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit. 'Michael J. Whare, Esq. 37 East Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Bonnie Laughman 265 Waynesboro Pike Fairfield, PA 17320 Defendant, pro Se BY THE COURT, 7 J esley Old, Jr., J. ;-, rn TI M - r n . C Y Q-? all,8 . :rc ^# HE 2911 FEB 14 AM 41: F 'CUMBERLAND COU'14'?*`PENNSYM*111'? RODNEY E. LAUGHMAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action- Law No. 08-7423 Civil Term BONNIE LAUGHMAN, Defendant : IN DIVORCE AMENDED PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed on December 22, 2008 and was served on the Defendant by certified mail, endorsed restricted delivery-return receipt requested and signed by the Defendant on December 27, 2008. 3. (b)(1) Date of Execution of the affidavit required under §3301(d) of the Divorce Code: December 19, 2008. (2) Date of filing and service of defendant's affidavit upon the respondent: Filed December 22, 2008 and served on the Defendant with the Complaint on December 23, 2008 and again served on Defendant on July 6, 2009 along with the Notice to Request Entry of Divorce . (See undersigned counsel's Certificate of Service attached to Notice to Request Entry of Section 3301(d) Divorce Decree that was filed on February 3, 2011) 4. Related Claims pending: None. 5. (b) Date Plaintiff's Waiver of Notice under §3301(d) of the Divorce Code was filed with the Prothonotary : January 24, 2011. Date Defendant's Waiver of Notice under §3301(d) of the Divorce Code was filed with the Prothonotary : Respectfully submitted, Date: 2-1q -a MMichael J. Wh , Esquire 37 East Pomfret Street Carlisle, PA 17013 (717) 243-3561 Supreme Court ID #89028 Attorney for Plaintiff Rodney E. Laughman, Sr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7423 Civil Term DIVORCE DECREE AND NOW, p? l ( , it is ordered and decreed that Bonnie Laughman Rodney E. Laughman, Sr. Bonnie Laughman bonds of matrimony. plaintiff, and 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. By the Court, a?rto?rr - Cert. dopy r rte, Od -b GLtty Wh&m Nor wee w 4y awied iv de f+ -.. ♦/!� N Yy� RODNEY E. LAUGHMAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BONNIE LAUGHMAN, NO. 08-7423 CIVIL TERM Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Rodney E. Laughman, Sr., the Plaintiff in the above captioned matter, by and through his counsel, Hannah Herman-Snyder, Esquire, and the law firm of Griffie &Associates, P.C. and avers as follows: 1. Your Petitioner is the above-named Plaintiff, Rodney E. Laughman, Sr., hereinafter "Father," an adult individual currently residing at 11 Koser Lane, Shippensburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Bonnie Laughman, hereinafter "Mother," an adult individual currently residing at 45 Ortanna Road, PO Box 38, Cashtown, Adams County, Pennsylvania. 3. The parties are the natural parents of one minor child, namely Alyssa Laughman, born March 21, 1998. 483-00 PA A" Ca b& 4. The parties are subject to an Order of Court entered on January 21, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the entry of the aforementioned Order of Court, dated January 21, 2009, the parties only followed that Order of Court for a very short period of time and since, at least, 2011,the child has resided with Father on a primary basis. 6. Mother requests modifications to the custody schedule on a regular basis, and Father has always complied; however, the changes in the schedule have always allowed that Father is exercising primary physical custody. 7. Mother's requests for modifications to the custody schedule have been to accommodate her personal life and the changes are disruptive to the child's schedule and routine. 8. The child is having issues in school in regards to her grades, such that it does not benefit the child to have any midweek visits with Mother as Mother's only input into the school situation is that if the child wants to fail, that is her own problem. 9. Mother has had no involvement in the child's educational needs and issues, and all communication regarding the child's issues have been between Father and the school. 10. The child is not completing school work and is missing school or arriving late for school on days she is in Mother's custody. 11. A routine schedule, eliminating midweek visits with Mother, will benefit the child and will allow Father to work with the child on improving her school performance. 10. The Honorable Wesley Oler, Jr., signed the initial Custody Order in this matter. 11. Defendant, Bonnie Laughman, is being provided with a notice of the filing of this Petition for Modification of Custody at her address of 45 Ortanna Road, PO Box 38, Cashtown, Adams County, Pennsylvania 17810. WHEREFORE, Petitioner requests your Honorable Court modify the current Order so as to grant Petitioner primary physical custody of the child and Respondent periods of partial physical custody such that Respondent's periods of partial physical custody do not take place during the school week. Respectfully submitted, Hannah Herman-Snyder, Eskuire Attorney for Plaintiff/Petitioner Supreme Court ID No. 91537 GRIFFIE& ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 - f fj�/�J f. JAN 2 n 20096, RODNEY E.LAUGHMAN, SR : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. No. 08-7423 Civil Term BONNIE LAUGHMAN Defendant :ACTION IN CUSTODY COURT ORDER AND NOW,this I— day of January 2009,upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custod Conciliation—Conference. A Custody Hearing is hereby scheduled on the. L day o4er]ai 2009 at am/pm in Courtroom number in the County Court of Common Pleas, Carlisle,PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing,the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody,a list of witnesses who will be expected to testify at the bearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal custody: The Mother,Bonnie Laughman,and the Father,Rodney Loughman,Sr.,shall have shared legal custody of Rodney Laughman, Jr.,born 07/02/1992 and Alyssa Laughman,born 03/21/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including,but not limited to,all decisions regarding their 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 Children including,but not limited to,medical;dental,religious or school records,the residence-address of the Children 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. 3. Physical Custody: Mother and Father shall share physical custody of the Children as follows: a. Commencing 01/16/09,.Mother shall have physical custody of the Children from after school on Friday until Wednesday morning every other week. Father shalll transport the Children to Mother's residence an Friday at 5:30 pm. Mother is responsible for J J Q N transporting the Children)to school (or the baby-sitter prior to school)Monday through Wednesday mornings. b. Commencing 1/26/09,Mother shall have physical custody of the Children from after school on Monday until Wednesday morning every other week. Mother shall pick the Children)up after school on Monday. Mother is responsible for transporting the Children) to school(or the baby-sitter prior to school)Tuesday and Wednesday mornings. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange a holiday-schedule as mutually agreed. 6. The Children shall remain in their current school district absent mutual agreement or further Order of Court. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party,or injure the opinion, of the Children as to the other party,or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency,the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent,the terms of this Order shall control. BY TBE CO , I'S Lei , J. Distribution: Michael Whare,Esq. Bonnie Laughman,265 Waynesboro Pike,Fairfield,PA 17320 John J.Mangan,Esq. .I ilk d h� a'tyJ ii4• ,Still • "� VERIFICATION 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 falsifications to authorities. DATE: 3 Rodney a r., Plaintiff/Petitioner RODNEY E. LAUGHMAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW BONNIE LAUGHMAN, NO. 08-7423 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ff' day of March, 2013, cause a copy of Plaintiff's Petition for Modification of Custody to be served upon Defendant by serving her by first-class mail,postage prepaid at the following address: Bonnie Laughman PO Box 38 Cashtown, PA 17810 DATE: N-b jm a r, Hannah Herman-Snyder, Esq 're Attorney for Plaintiff/Petitioner Supreme Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 RODNEY E. LAUGHMAN, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANa MCC i V. 2008-7423 CIVIL ACTION LAW Cn! ' BONNIE LAUGHMAN IN CUSTODY =C DEFENDANT ' ORDER OF COURT AND NOW, Tuesday,April 02,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr.,Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,May 07,2013 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. 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/ john 1.Mangan,jr. 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 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 �13�3 RODNEY E. LAUGHMAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-7423 CIVIL BONNIE LAUGHMAN, Defendant ORDER AND NOW, this /1' day of May, 2013, the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, Kev' A. Hess, P. J. 'The J. Wesley Oler, Jr. Court Administrator :rlm MCO L3 ' RODNEY E. LAUGHMAN, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7423 CIVIL ACTION - LAW;,,, r c c • -v= a: BONNIE LAUGHMAN, �Co Defendant : IN CUSTODY •' �r Cn cz E ORDER OF COURT < y'71 n> AND NOW,this fly day of M.> ti , 2013, upon `; , consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ry 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the l`b day of ':r"I q , 2013, at q' o'clock,A. M., at which time testimony will be taken. For purposes of this Hearing, Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending the hearing, the prior Order of Court of the Honorable J. Wesley Oler, Jr. dated January 21, 2009 shall remain in full force and effect with the following modification. 3. The parties shall cooperate with continued counseling for the child. The parties shall share the cost of any unreimbursed cost for counseling. 4. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, S. J. cc nnah Herman-Snyder, Esquire, Counsel for Father Jane Adams, Esquire, Counsel for Mother Ca ,'mss << . RODNEY E. LAUGHMAN, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7423 CIVIL ACTION - LAW BONNIE LAUGHMAN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler,Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alyssa Laughman March 21, 1998 disputed 2. A Conciliation Conference was held in this matter on May 8, 2013, with the following in attendance: The Father, Rodney E. Laughman, Sr., with his counsel, Hannah Herman-Snyder, Esquire, and the Mother, Bonnie Laughman, with her counsel, Jane Adams, Esquire. 3. The Honorable J. Wesley Oler previously entered an Order of Court dated January 21, 2009 providing for shared legal custody, and shared physical custody on a 5/2 rotating schedule. Father filed a Petition to Modify. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, with Mother having alternating weekends during the school year and shared physical custody during the summer. Father asserts that shortly after the current Order was put into place, the parties mutually agreed to change it so that Father has primary physical custody. Father maintains that Mother does not encourage the child in her school work and delivers her to school tardy frequently. Father also asserts that there is domestic violence in Mother's home that is detrimental to the child. Lastly, Father indicates that once when the child did not return home after school he contacted the police who later indicated that Mother knew where the child was which was with her boyfriend at a cabin alone all weekend. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody during the school year with Father having alternating weekends and 50150 physical custody in the summer. Mother asserts that the child is afraid of Father,that Father drinks alcohol and drives with the child in the car. Mother maintains that she has had 50150 physical custody of the child, and that she delivers the child to school in a timely fashion. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo with the addition of counseling for the child. It is expected that the Hearing will require one day. 5-- g- / 3 Date Jac eline M. Verney, Esquire Custody Conciliator c. --r 'T� try it, 2CE3 JUL -9 PM 12: 54 CUMBERLAND COUNTY YLA RODNEY E. LAUGHMAN, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 08-7423 BONNIE LAUGHMAN, : The Honorable J. Wesley Oler Defendant : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Rodney E. Laughman, Sr., hereinafter referred to as "Father", who currently resides at 11 Koser Lane, Shippensburg, Cumberland County, Pennsylvania, and Bonnie Laughman, hereinafter referred to as "Mother," who currently resides at 45 Ortanna Road, Cashtown,Adams County, Pennsylvania. WHEREAS, the parties are the natural parents of one minor Child, namely and Alyssa Laughman, born March 21, 1998, hereinafter referred to as "Child;" WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Legal Custody: The Mother, Bonnie Laughman, and the Father, Rodney E. Laughman, Sr., shall have shared legal custody of Alyssa Laughman, born March 21, 1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding their 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 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 and Father shall share physical custody of the Child on an equal basis such that Father shall exercise physical custody of the Child at all times not specifically set forth herein: Mother shall exercise custody every Tuesday at 5:00 p.m. until Wednesday morning, when she shall either drop the child off at school, or if school is not in session, to Father at 7:00 a.m.; every Wednesday at 5:00 p.m. until Thursday morning, when she shall either drop the Child off to school, or if school is not in session, to Father at 7:00 a.m.; and every other weekend from Friday at 5:00 p.m. until Monday morning, when she shall either drop the Child off to school, or if school is not in session, to Father at 7:00 a.m. 3. Transportation: Transportation shall be shared as follows: A. For the Tuesday and Wednesday custody exchanges, Mother shall pick up the Child from Father's residence, and for the Friday custody exchange, Father shall drop the Child off to Mother's residence. B. For all custody exchanges that are taking place in the morning, said custody exchanges shall be Mother's responsibility. C. All transportation, in regards to holidays and vacation, shall be shared equally by the parties. 4. Laundry: Mother shall ensure that the Child's laundry is taken care of during her long weekend with the Child such that Mother returns clean clothes to Father on the Monday following her long weekend of custody. 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 6. School District: The Child shall remain in her current school district absent mutual agreement or further Order of Court. 7. Vacation: Each party shall be entitled to one week of summer vacation, with thirty (30) days notice to the other party, with said notice including contact information and the vacation destination. Said period of time shall not be attached to any regularly scheduled period of custody, but rather than include any regularly scheduled period of custody. 8. Interference: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. Emergency: In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. Modifications: The parties may modify this Order by agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 11. Relocation: No party shall be permitted to relocate the residence of the Child to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the Child consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa. C.S.A. Section 5337(c). 12. Counseling: While the Child recently completed counseling with Amy Whorley of Pathways Counseling in Chambersburg, the parties agree that if either one of them believes, in the future, that counseling is necessary for the Child, they shall make best efforts to ensure that Amy Whorley is the counselor. The costs of the counseling not covered by insurance shall be shared equally by the parties. 13 Prior Orders and Hearing: All prior Orders in this matter are vacated, and the hearing scheduled for July 22, 2013 at 9:00 a.m. is cancelled. 14. Acknowledgment: The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 15. Stipulation: The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: `+� Date ROD► e ' • , HMA 'I, SR.g. 01 ' i . . 4._ 1 I A 466/3 g/hvt.f...4.- 41 Date BONNIE LAUGHMAN ' � r a RODNEY E. LAUGHMAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7423 BONNIE LAUGHMAN, The Honorable J. Wesley Oler Defendant IN CUSTODY ORDER OF COURT AND NOW this j day of v 2013, the attached Custody Stipulation and Agreement is hereby made an Order of Court, and, specifically, all prior Orders in this matter are vacated, and the hearing scheduled for July 22, 2013 at 9:30 a.m. is cancelled. BY THE COURT, e_i oe_ o >: cc: 'Alannah Herman-Snyder, Esquire Attorney for Plaintiff MM } V/Jane Adams, Esquire J Attorney for Defendant CD Y, O C-) F x,