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Home My WebLink About08-7520 WILLIAM J. LAVENDER, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. JENNIFER L. LAVENDER, CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, William J. Lavender, Jr., by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support thereof avers as follows: 1 2. 3 Name The Plaintiff is William J. Lavender, Jr., an adult individual who is residing at an undisclosed address for his safety and that of his children. The Defendant is Jennifer L. Lavender, an adult individual residing at 1014 Teakwood Lane, Enola, PA 17025. Plaintiff seeks custody of the following children: Present Address Date of Birth Ryan W. Lavender 1014 Teakwood Lane Enola, PA 17025 Emma R. Lavender 1014 Teakwood Lane Enola, PA 17025 7/28/04 2/24/01 The child were not born out of wedlock. The children are presently in the custody of William Lavender, Jr., who is residing at an undisclosed address for his safety and that of his children. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9426 • FAX (717) 236-2817 During the past five years, the children have resided with the following persons and at the following addresses: (List All Persons) (List All Addresses) Dates Plaintiff and Defendant 1014 Teakwood Lane until 12/29/08 Enola, PA 17025 Plaintiff Undisclosed 12/29/08 - present The mother of the children is Jennifer Lavender, currently residing at 1014 Teakwood Lane, Enola, PA 17025. She is married. The father of the children is William Lavender, Jr., currently residing at an undisclosed address for his safety and that of his children. He is married. 1 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: Name Relationship Emma and Ryan children 5. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: Name Relationship Unknown 6. 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. Plaintiff has no information of a custody proceeding concerning the children pending MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 in a court of this Commonwealth. 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is the children's primary caretaker. Plaintiff is the parent most suited to provide the children with a stable, loving and nurturing lifestyle. Plaintiff has continually acted in the children's best interests and put the children's needs ahead of his own. Defendant/Mother has routinely entertained her paramour at the marital residence while the parties have continued to reside together. This situation has been confusing and troubling to the children. 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. WHEREFORE, Plaintiff, William J. Lavender, Jr., requests this honorable court grant him primary physical custody of Ryan Lavender and Emma Lavender, with rights of partial physical custody in Defendant, Jennifer Lavender. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, MEYERS, DESFOR, SALTZGIVER & BOYLE B3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Attorney ID No. 61382 VERIFICATION I, William Lavender 12/29/08 -1' ( X) Plai iff statements made in this Complaint for Custody verify that the are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated ( ) Defendant MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r?F CIN- ,It WILLIAM J. LAVENDER, JR. Plaintiff vs. JENNIFER L. LAVENDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.0? 75,m CIVIL ACTION -LAW IN CUSTODY PETITION FOR EMERGENCY CUSTODY ORDER AND NOW, comes the Plaintiff, William J. Lavender, Jr., by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Petition for Emergency Custody Order and in support thereof avers as follows: 1. Petitioner is William J. Lavender, Jr., an adult individual who currently resides at an undisclosed address for his safety and that of his children. (Hereinafter "Father") 2. Respondent is Jennifer L. Lavender, an adult individual currently residing at 1014 Teakwood Drive, Enola, PA 17025. (Hereinafter "Mother") 3. The parties are the parents of two minor children namely Ryan W. Lavender, date of birth, July 28, 2004, age 4 and Emma R. Lavender, date of birth, February 24, 2001, age 7. 4. Mother filed a Divorce Complaint on or about May 9, 2008 while the parties continued to reside in the same residence. Prior to Mother's filing the Divorce Complaint, Father discovered that Mother was carrying on an adulterous relationship with a co-worker and, in fact, was entertaining her paramour in the parties' home, and in the parties' marital bed, while Father was at work. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 PIR-A428 • FAX (7171236-2817 Father has advised Mother that entertaining her paramour in the marital home and around the children was confusing for the children and upsetting to them. Father has asked Mother to stop this behavior, however, Mother has refused to honor Father's request. 6. On one occasion, Father and Emma, the parties daughter, returned to the marital residence to discover Mother and her paramour in bed together. 7. Father brings the within Petition for Emergency Custody Order simultaneously with filing a Complaint for primary physical custody of the children. 8. The parties' daughter is in second grade. The parties' son, Ryan is 4 years old and attends preschool three days per week for a few hours per day. Father is the parent responsible for getting the daughter up in the morning, getting her ready for school, taking her to the bus stop and picking her up at the bus stop at the end of the day. During the day, Father is responsible for caring for Ryan and sees that Ryan gets to and from his preschool. Mother is absent from the residence during the day and appears at the marital residence at approximately 4:15 p.m., just prior to Father's leaving for work. Shortly after Father leaves for work, Mother's paramour arrives at the residence and spends the evening with Mother and the children until Father returns to the residence after work at approximately 1:30 a.m. 9. Father believes and avers that Mother and her paramour are drinking wine and engaging in inappropriate conduct in front of the children during the evening while he is at work. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 10. Mother has brazenly entertained her paramour at the marital residence since prior to filing the Divorce Complaint. 11. The parties' neighbors are well aware of the situation and, in fact, have noticed the paramour and his automobile at the marital residence for some time prior to Father's awareness of Mother's affair. 12. Father believes and avers that Mother's entertaining of her paramour at the marital residence is upsetting and confusing to the children. 13. Father believes and avers that Mother's paramour has keys to the marital residence and comes and goes from the residence as he pleases and that this is confusing and distressing to the children. 14. Father has struggled to keep the children's schedules and their lives as normal as possible since the invasion of the paramour in the marital residence. In light of Mother's brazen and blatant behavior, Father has determined that a normal life for the children is not obtainable with the paramour in and out of the house while Father is at work. 15. Acting in the children's best interests and simultaneously with filing this Petition, Father has moved with the children to a currently undisclosed location. Father believes that if Mother were to determine his current location, that she would snatch the children and cause them undue harm and distress. Father has sought to keep his current whereabouts unknown in light of Mother's erratic behavior. 16. Father believes that Mother's encouraging her paramour to come and go at the marital residence is confusing and upsetting to the children. Father has attempted to get the MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 children into counseling to deal with the situation, however, Mother has refused to agree to same. 17. In light of all of the above, Father requests that this Honorable Court issue a Temporary Order of Court giving him primary physical custody of the children, so he can provide them with stability, pending a Conciliation conference or further action by the Court. WHEREFORE, Father, William J. Lavender, Jr., respectfully requests this Honorable Court issue an Order awarding him primary physical custody of the children, pending a Conciliation conference or further action by the Court. Respectfully submitted, Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Attorney I.D. 61382 VERIFICATION I, William Lavender , verify that the statements made in this Petition for Emergency Custody order are true and correct to the best of my knowledge, information and belief. I understand that falsE statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 121291OR (X ) Plaint ( ) Defendant MEYERS, DESFOR, SALTZGNER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WILLIAM J. LAVENDER, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. JENNIFER L. LAVENDER, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this ? day of December, 2008, that a copy of the foregoing Petition for Emergency Custody Order was mailed, first-class, postage pre-paid: Michael D. Rentschler, Esquire 28 North 32"d Street Camp Hill, PA 17011 Laurie A. Salt?ity Attorney for Plain MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171236-9428 • FAX (717) 236-2617 ?t I_V, WILLIAM J. LAVENDER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. JENNIFER L. LAVENDER., Defendant : NO. 08-7520 CIVIL ACTION - LAW :CUSTODY DEFENDANT'S ANSWER AND CODUNTERCLAIM TO PETITION FOR EMERGENCY CUSTODY ORDER AND NOW, comes the Defendant, JENNIFER L. LAVENDER, by her attorney Michael D. Rentschler, Esquire, who files the within Answer to Petition for Emergency Custody Order and Counterclaim thereto, and respectfully avers the following: 1. Admitted in part. Denied in part. It is admitted that Plaintiff is who he purports to be, that he is an adult individual and that he is now residing at an unknown address. It is denied that his failure to disclose the address is a result of any rational fear for the safety of the children. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that on the date alleged, Mother filed a Complaint in divorce. The balance of the allegations is denied. 5. Admitted in part. Denied in part. It is admitted that Father mentioned to Mother that she should refrain from entertaining another person at the marital dwelling. It is denied that if Mother entertained another individual that is it would be detrimental to the children's well being. 6. Denied. 7. It is admitted that the Petition was filed on the same day as a Complaint for Custody. It is denied that the Petition for Emergency Custody Order has any merit and that Father should be awarded custody of the children. 8. Admitted in part. Denied in part. It is admitted that the parties' daughter is in the second grade and that the parties' son is in preschool. It is denied that Father is the person primarily responsible for getting the daughter up in the morning, getting her ready for school, and taking her to the bus stop each morning. It is admitted that Father gets daughter off the bus in the afternoon, because Mother works until 3:30 pm. Both parties share the responsibility of taking Ryan to and from preschool. Father works from 5:00 pm until 1:00 am Tuesday through Saturday. Mother works on Sundays from 3:00 pm until 11:30 pm, on Mondays from 7:00 am until 7:30 pm, and Tuesdays and Thursdays from 9:00 am until 3:30 pm. Consequently, the parties share in the responsibilities of getting the children ready for school and or day care. Mother is more involved in taking the children to extra curricular activities. 9. Denied. 10. Denied. 11. Upon reasonable investigation, Defendant is without knowledge as to the truth of what any other person may know. It is averred, however, that Mother is not engaged in any behavior that adversely affects the children. 12. Denied. It is denied that Mother is engaging in the alleged behavior. It is denied that the children are upset and/or confused. 13. Denied. No one has a key to the marital dwelling besides Mother and Father. 14. Denied. Contrary to Father's assertions, Mother is the primary and nurturing parent of the children. She is the one who provides comfort and stability to them. 15. Admitted in part. Denied in part. It is admitted that Father removed the children from the marital dwelling without any notice to Mother and that he has relocated them to an undisclosed location. The balance of the allegations is denied. Father's action in removing the children is without merit and is not done with the best interests of the children in mind. Father works from 5 pm until 1:00 am Tuesday through Saturday. Consequently, the actions of Father have and will cause the children to be in the presence of a third party caregiver rather than a natural parent. 16. Denied. The children have not been confused and upset. By all standards, the children are well adjusted and happy, given the tumultuous home environment fueled by Father's irrational behavior. It is admitted that Father requested that the children attend counseling. It is denied that the children are in need of counseling. 17. Denied. There is no rational basis for granting the relief requested by Father. Consequently, it is requested that this Court deny the requested relief. WHEREFORE, it is respectfully requested that this Honorable Court deny the Petition. COUNTERCLAIM FOR EMERGENCY RELIEF AND IMPOSITION OF CUSTODY ORDER 18. Defendant incorporates by reference her answers to the Petition. 19. On or about December 30, 2008, Father left the marital residence with the Children and some of their belongings and has refused to disclose the location of the children. 20. The action of Father in removing the children from the house is irrational and harmful to the children. 21. Father works from 5 pm until 1:00 am Tuesday through Saturday. Consequently, the children will be under the care of an unknown individual at an unknown location, Mother has called Father's cellular telephone 17 during the day on December 30, 2008 and Father has only answered the telephone one time. When he answered the telephone he merely stated that that the children were with him and refused to answer the telephone thereafter. 22. Although the parties have different work schedules that do not permit the children to reside solely with a respective parent, Mother has always been a more nurturing and caring parent than Father. 23. When Father left the dwelling with the children, he took all of his hunting equipment, including weapons with him. Mother believes and therefore avers that the children are not safe with Father given his propensity for violence as shown by his pushing Mother on Christmas Day and on other dates. 24. The Court should deny Father's petition and grant Mother relief because: a. Mother believes that she can provide a more structured and a more suitable environment for the Children, and, consequently, one that would be more in the childrens' best interest than one that can be provided by Father; b. Father is systematically denying Mother visitation with the children for no reasonable basis. e. Mother has served as the primary parent of the children in the past. d. Father is unable to maintain a stable environment for the children. e There is no rational basis for granting Father custody of the Children pending further proceedings. WHEREFORE, it is respectfully requested that this Honorable Court award Plaintiffjoint legal custody and majority physical custody of the children. Respectfully submitted, Michael D. Ren*fliler, Esquire 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Supreme Court ID # 45836 Attorney for Defendant VERIFICATION I, Jennifer Lavender, do hereby swear and affirm that the statements contained in this document are true and correct. I understand that any false statement may be prosecuted under Pa Section 4904 which relates to unworn falsification to authorities. Date: JAt 'k" (-q/ tu M CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing Document upon the following by facsimile and regular mail, postage prepaid and addressed to: Laurie A. Saltzgiver, Esquire 410 North Second Street PO Box 1062 Harrisburg, PA 17108 Date: /2 / d " Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 `. , ??? ? ? - .. , -? ,? ?,.. ....a _.; -, X? ?`4 -?. WILLIAM J. LAVENDER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7520 CIVIL ACTION LAW JENNIFER L. LAVENDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 06, 2009 , 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 Wednesday, January 21, 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 ftirnish 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 J. Mangan, jr., 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 Al 4 'if PS -01 IN "Y 9- NV 60oz I- IIJ AFFIDAVIT OF SERVICE Docket No: CV-08-7520 Civil Action Cumberland County Court William LAVENDER VS. Jennifer LAVENDER I, Matthew E. Hunt of Matthew E. Hunt Private Investigations, 2281 Forest Hills Drive, Harrisburg, Dauphin County, PA 17112-1035, being duly sworn according to law, do depose and state that I personally hand delivered a true and correct Complaint for Custody & Petition for Emergency Custody Order dated December 23rd, 2008, issued by Cumberland County Court, at the request of Laurie Saltzgiver, Esquire, on Jennifer LAVENDER, 1014 Teakwood Drive, Enola, Pa. by hand-delivering said Complaint for Custody & Petition for Emergency Custody Order to Jennifer LAVENDER at her above stated residence, 1014 Teakwood Drive, Enola, Pa. at 3:40 PM on Tuesday, December 23rd, 2008, for her further attention and prompt action in reference to the above captioned case. Server: 'A. A,Kfi? U' J Matthew E. Hunt Private Investigator 2281 Forest Hills Drive Harrisburg, Pa. 17112 WILLIAM J. LAVENDER, JR. Plaintiff vs. JENNIFER L. LAVENDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7520 : CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM TO PETITION FOR EMERGENCY CUSTODY ORDER AND NOW, comes the Plaintiff, William J. Lavender, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to Defendant's Counterclaim to Petition for Emergency Custody Order and in support thereof avers as follows: Paragraphs one through seventeen of the Petition for Emergency Custody Order and Answer is hereby incorporated by reference as if fully set forth herein. 18. No answer required. 19. Denied. Father vacated the marital residence with the children on Monday, December 29, 2008. Mother was on vacation with her paramour during that period of time and Father had custody of the children. Father has advised Mother that the children were with him and that they were fine, and Mother has spoken to the children since that time. Additionally, Mother had the police contact Father and Father confirmed that all was well. 20. Denied. Mother's behavior over the past few months in permitting her paramour to be present at the marital residence while the parties continued to live together is irrational, confusing, harmful and emotionally damaging to the children. Father MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 detcrm ned that it is in the children's best interest to vacate the marital residence to provide the children with a stable lifestyle. 21. Denied. It is admitted that generally Father's work schedule is from 5:00 p.m. until 1:00 a.m. Tuesday through Saturday. It is denied that the children have been with an unknown individual. Father's mother, the children's paternal grandmother, has been staying with the children while Father is at work. 22. Denied. Father has a very close and loving bond with the children. Mother has been engaged in an extramarital affair and has largely left the children in Father's care alone for over the past year. 23. Denied. Father denies any violent behavior and any inappropriate behavior towards Mother at any time. Furthermore, if Mother were truly concerned for her safety, she would not have been living in the residence with Father, her paramour, and Father's weapons for a period of time. 24. Denied. Father's Petition for Emergency Custody Order should be granted. a. Denied. Father has consistently provided the children with care throughout their entire lives. Father has been the primary caregiver of the past year since Mother has been out running around with her paramour. b. Denied. Father has made numerous efforts to provide Mother with visitation of the children. Mother has refused to cooperate with these arrangements. C. Denied. Father has been the children's primary caregiver. Mother has been out running around with her paramour and has spent little time with the children over the past year. MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 d. Denied. Father has continually maintained a stable home for the children, and he continues to do so. e. Denied. Father has consistently cared for the children. Father has removed the children from a harmful and emotionally damaging environment where Mother permitted her paramour to visit her in the marital residence while the parties lived together. WHEREFORE, Plaintiff/Father, William Lavender, requests this Honorable Court deny Mother's counterclaim and grant his Petition for Emergency Custody Order. Laurie A` 9d%Ai r,'I ire Attorney I.D. 6138 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, VERIFICATION I, William Lav nd r , verify that the statements made in this Plaintiff's Answer to Defendant's Counter laic to Petition for Emergency Custody order are true and correct to the bes of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1/12/09 AL i iff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WILLIAM J. LAVENDER, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-7520 JENNIFER L. LAVENDER, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this day of January, 2009, that a copy of the foregoing Plaintiff's Answer to Defendant's Counterclaim to Petition for Emergency Custody Order was mailed, first-class, postage pre-paid: Michael D. Rentschler, Esquire 28 North 32" Street Camp Hill, PA 17011 Laurie A. Sa Attorney for MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 C ?' Y3 _ ? w,. ?i ` ? ` _ ,a"?.. ? ? ? '? C' .??+ (? -, WILLIAM J_ LAVENDER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. JENNIFER L. LAVENDER., Defendant : NO. 08-7520 : CIVIL ACTION LAW :CUSTODY PETITIONER JENNIFER LAVENDER'S PETITION FOR EMERGENCY RELIEF ARID RETURN TO STATUS QUO AND NOW, comes the Petitioner JENNIFER L. LAVENDER, by her attorney Michael D. Rentschler, Esquim who files the within Petition for Emergency Relief and Return to Status Q w, and respectfully avers the following: 1. Petitioner is Jennifer L. Lavender, an adult individual who is currently residing at 1014 Teakwood Drive, Enola, Cumberland County, Pennsylvania 17025 (Hatmfter referred to as 2. Respondent is William J. Lavender, Jr., an adult individual who is currently residing. at an unknown address (Hereinafter referred to as "Father"). 3. The Mother and Father are the natural parents of two minor children, namely, Ryan W. Lavender, who was born on July 28, 2004, age 4, and Emma R. Lavender, who was born on February 24, 2001, age 7. 4. Mother filed a divorce complaint against Father on or about May 9, 2008 while the parties were still living in the address at 1014 Teakwood Drive, Enola, Cumberland County, Pennsylvania 17025 (Hereinafter referred to as the "marital residence"). 5. On Monday, December 29, 2008, Father vacated the marital residence and took to child to an undisclosed location. Father filed bent a Complaint for Custody and a Petition for Emergency Custody Order on December 30, 2008. Since that time, Father has refused to provide bather with the location of the children. 6. There is no custody order in effect with reference to the eh** en. Father has continnuausly refused to permit the Mother to have the children since he t the marital residence with them on December 30, 2008: 7. A conciliation conference is scheduled on January 21, 2W9, at 1:00 pm in the Cumberland County Courthouse. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Petition for Emergency Relief and Return to Status Quo consistent with the statements and requests contained herein. Respectfully submitted, Michael D. Rentschler, Esquire 28 N. 32°d Street Camp Hill, Pennsylvania 17411 Supreme Court ID # 45836 Attorney for Petitioner (717) 975-9129 VERIBCATION I, Jennifer L. Lavender, Petitioner herein, do hereby swear and afrm that the statements contained in this Petition are true and correct: I understand that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unworn falsification to authorilie? ?"Y Date: ICI CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing Document upon the following by United States mail, postage prepaid and addressed to: Laurie A. Saltzgiver, Esquire 410 North Second Street PO Box 1062 Harrisburg, PA 17108 Date: / Z/- Michael D. Rentschler, Esquire 28 N. 32°d Street Camp Hill, PA 17011 (717} 975-9129 Supreme Court ID # 45836 {^(l u V ' CA) WILLIAM J. LAVENDER, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-7520 JENNIFER L. LAVENDER, CIVIL ACTION -LAW Defendant IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND RETURN TO STATUS QUO AND NOW, comes the Plaintiff, William J. Lavender, Jr., by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to Defendant's Petition for Emergency Relief and Return to Status Quo and in support thereof avers as follows: 1. 2. 3. 4. 5. 6 No answer required. Admitted. Admitted. Admitted. Admitted, by way of further answer, Father's Complaint for Custody and Petition for Emergency Custody Order speak for themselves. Furthermore, Father and his counsel have confirmed that the children are doing well. Additionally, Mother had the police contact Father and, upon consultation with Father, the police were also satisfied that all was well with the children. Admitted in part and denied in part. It is admitted that there is currently no custody order, although Father has requested same pursuant to his Petition for Emergency Custody Order. It is denied that Father refused to permit Mother to see the children. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Father has forwarded various correspondences to Mother's attorney proposing that Mother have periods of partial physical custody of the children. (See attached Exhibits "A", "B" and "C") 7. Admitted. 8. Denied, insofar as Mother alleges any wrongdoing on behalf of Father. Furthermore, while the parties lived together, Father cared for the children and Mother came and went as she wished. Mother was frequently absent from the marital residence, and she did not advise Father whether she was working or spending time with her paramour. Father has proposed various periods of physical custody to Mother since Father filed his Complaint for Custody and Petition for Emergency Custody Order. (See attached Exhibits "A", "B" and "C") 9. Denied. Prior to Father's vacation of the marital residence, Father took care of the children until he had to leave for work in the evening. Mother was frequently and consistently absent from the marital residence, but not necessarily at work. Mother's work schedule is irregular and Mother did not keep Father advised regarding her work schedule. Generally, Mother did return to the marital residence at approximately 4:15 p.m. on the evenings which Father worked. Shortly after Father left for work, Mother's paramour came over to the marital residence and spent the evening at the marital residence with Mother. The negative effect of paramour's contact with the children prompted Father to file is Petition for Emergency Custody Order. 10. Denied. Father has spoken to Mother and advised her that the children were fine. Furthermore, Mother has spoken to the children directly since Father left the marital MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 residence. Father offered Mother periods of physical custody with the children on a number of occasions. (See attached Exhibits "A", "B" and "C") 11. Denied. Father denies any allegations that he has not been willing to provide Mother with physical custody of the children. (See attached Exhibits "A", "B" and "C") 12. Denied. Father has acted at all times in the best interest of the children. Father has consistently been the children's primary caregiver since prior to Mother's filing her Complaint for Divorce. Furthermore, Father has offered Mother various periods of partial physical custody of the children and Mother has refused to comply with same. (See Exhibits "A", "B" and "C") 13. Denied. Father has always acted in the best interest of the children. Father has made numerous efforts, through counsel, to provide Mother with partial physical custody of the children, however, Mother has refused to comply with same. 14. Denied. Father has been the children's primary physical custodian and has consistently behaved in a manner in which he places the best interests of the children first. 15. Denied. Father has not denied Mother time with the children. Father has offered to provide Mother with partial physical custody of the children and Mother has refused to comply with same. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Respondent herein, Father, William Lavender, hereby requests this Honorable Court deny Mother's Petition for Emergency Relief and Return to Status Quo. Respectfully submitted, P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 41 O NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS (1915-1970) HARRISBURG, PA. 17108 BRUCE D. DESFOR (717) 236-9428 LAURIE A. SALTZGIVER CATHERINE A. BOYLE VIA FAX & U.S. MAIL Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 January 8, 2009 RE: William J. Lavender. Jr. v. Jennifer Lavender Dear Michael: FAX (717) 236-2817 WEBSITE WWw.me"rsdesiorcom EMAIL Ise ,nom Com I propose the following schedule pending the conciliation conference on January 2110. Bill will drop the children off at the marital residence this Friday, January 9' at 4:00 p.m. Jen will then have the children until Sunday morning, January 11 th. Bill will either pick the children up at the marital residence at 8:00 a.m. on Sunday morning to go to church or, if Jen plans to go to church with the children, he will see the children at church and take them home with him. Bill will then drop the children off to Jen on Tuesday, January 13`h at 4:00 p.m. and pick the children up on Wednesday, January 14th. Bill will pick Ryan up from preschool and he will pick Emma up from school on Wednesday, January 14'. Bill will drop the children off at the marital residence on Friday, January 16te at 4:00 p.m. and he will again pick them up on Sunday morning January 18, 2009 either at 8:00 a.m. to take them to church or he will get them from church if Jen plans to go to church. This arrangement is contingent upon your agreement, in writing, that Jennifer will abide by the above schedule and the children will be returned at the times indicated, as well as your written agreement that Jennifer's paramour will not be present during Jennifer's custodial periods with the children. Thank you for your attention. I look forward to hearing from you. Sincerely, Laurie A. LAS/clk cc: William Lavender LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS (1913-1970) HARRISBURG, PA. 17108 BRUCE D. DESFOR (717) 236-9428 LAURIE A. SALTZGIVER CATHERINE A. BOYLE January 8, 2009 VIA FAX & U.S. MAIL Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 1701.1 RE: William J. Lavender, Jr. v. Jennifer Lavender Dear Mike: FAX (717) 236.2817 WEBSITE WWW.nwy9r9dwft.0gp EMAIL ,pqn com I have just received your correspondence about your client's surgery scheduled for this Friday. At this late hour, my client has already made plans for the children this evening. Bill will drop the children off at the marital residence on Saturday, January 10th at 4:00 p.m. as you have requested. He will then pick the children up at 8:00 a.m. on Sunday morning or from church on Sunday morning, January 11, 2009. We will abide by the balance of the schedule as outlined in my prior correspondence to you dated this same date. Please provide your written agreement that your client will return the children to my client pursuant to the schedule as indicated in my two correspondences to you and that Jennifer's paramour will not be present during her periods of partial physical custody. Thank you for your attention. Sincerely, 3 LAS/clk cc: William Lavender LAW OFFICES MEYERS, DESFOR, SALTZG{VER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 1. EMANUEL MEYERS (1915-1970) HARRISBURG, PA. 17108 BRUCE D. DESFOR (717) 236-9428 LAURIE A. SALTZGIVER CATHERINE A. BOYLE January 12, 2009 VIA FAX & U.S. MAIL Michael D. Rentschler, Esquire 28 North 32nd Street Camp OR, PA, 17011 RE: William J. Lavender. Jr. v. Jennifer Lavender Dear Michael: FAX (717) 2362817 WEBSITE www.rro"radeaforcom EMAIL .0= .COm My client would like Jen to see the children. He is agreeable to the following schedule. Bill will drop the children off at the marital residence on Tuesday, January 131' at 4:00 p.m. Bill will then pick Ryan up from preschool and he will pick Emma up from school on Wednesday, January 14". Additionally, Bill will drop the children off at the marital residence on Friday, January 16'h at 4:00 p.m. and he will pick them up on Sunday morning, January 18, 2009 either at 8:00 a.m. to take them to church, or he will get them from church if Jen plans to go to church. Please confirm in writing your client's agreement to the above schedule and that the children will be returned at the times indicated as well as her agreement that her paramour will be excluded from these periods of partial physical custody. Thank you for your attention. Please advise. incerely, La e "' A.iv LASlclk cc: William Lavender VERIFICATION I, William Lavender verify that the statements made in this Plaintiff's Answer to Defendant's Petiti for Emergency Relief and Return to Status Quo are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated 1/19/09 ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r WILLIAM J. LAVENDER, JR. Plaintiff vs. JENNIFER L. LAVENDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7520 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this Nay of January, 2009, that a copy of the foregoing Plaintiff s Answer to Defendant's Petition for Emergency Relief and Return to Status Quo was mailed, first-class, postage prepaid to: Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 j ?i r ? WILLIAM J. LAVENDER, JR., : IN TIDE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-7520 JENNIFER L. LAVENDER, : CIVIL. ACTION - LAW Defendant : I CUSTODY ANSWER AND COUNTERCL.AIM?€ TO PL.AAINTL $ COMPLAINT FOR CUSTODY AND NOW, this 21 st day of January, 2009, comes the Defendant Jennifer L. Lavender by her attorney Michael D. Rentschler, Esquire, who files the within Answer and Counterclaim to Plaintiffs Complaint in Custody, and respectfully avers the following: ANSWER TO CQMPLAINT IN CUSTODY 1. Admitted in part. Denied in part. It is admit that on the date in which the complaint was filed that Plaintiff resided at an unknowns address. It is denied that Plaintiff resides at that unknown address because of any safety issues. for him or for the children. 2. Admitted 3. Admitted in part. Denied in part. It is admitted that Plaintiff seeks CU Y of Ryan W . Leer and Emma R. Lavender (hertinafta referred to as the "Children"). It is denied that cudody should he awarded to Plaintiff. it is admitted that before December 29,2008-, the children.zeskied-withtheir natrwal parents at 1014 Teakwood Lame, Enola, PA. It is finer admitted that the children have been residing at an unknown address since December 29, 2008. It is denied that the Plaintiffhad any basis for removing the children from the marital home and to refine to disclose the ads where they can be found. It is witted that Jennifer Lavender is the mother of the children and that she is married to William Lavender, Jr., who is the father of the children. 4. Admitted in part. Denied in part. It is admitted that Plaintiff is the father ofthe children. As to the remainder of the allegations, upon reasDmNe investigation, Defendant is not aware as to the truth or falsity of the allegation, so the me is hereby denied and proof thereof is demanded 5. Admitted in part. Denied mi Xf It is admitted that Defendant is the mother of the Children. Mother does not reside with any person at the marital residence at this time. 6. Admitted.. 7. Denied. The allegations contained in paragraph 7 are denied and strict proof thereof is requested at trial. It is denied that the best interest and permanent welfare of the Children would be served by granting custody to Plaintiff. 8. Admitted. WHEREFORE, it is respectfully requested that this Honorable Court deny majority physical custody to Plaintiff. COUNTERCLAIM JENNIFER L. LAVENDER V WILLIAM J. LAVENDER, JR. 9. Counterclaim Plaintiff incorporates by reference her responses to Paragraphs I through 8 as if fully set forth at length herein. 10. Counterclaim Plaintiff is Jennifer L. Lavender currently resides at 1014 Teakwood Lane, Enola., PA 17025 (Counterclaim Plaintiff is hereinafter referred to as "Mother"). 11. The Counterclaim Defendant is William J. Lavender, Jr., an adult individual who currently resides at an unknown address (Counterclaim Defendant is hereinafter referred to as "Father"). 12. The Mother and Father are the natural parents of two minor children, namely, Ryan W. Lavender, born July 28, 2004 and Emma R. Lavender, born February 24, 2001, hereinafter referred to as the "Children". 13. The Mother and Father are married to each other, although currently separated. The parties were married on February 21, 1998 and separated on December 29, 2008, when Father abruptly left the marital residence and took the children from the marital home and has since that date refused to provide Mother with the address in which they have been relocated nor to permit Mother with reasonable custody given respective work schedules. At all times relevant to this action, Mother has been the primary caregiver of the children before they were removed by Father. 14. Since the Children's' births, they have lived with the following persons at the following addresses at the following times: a. From birth to December 29, 2008, at 1014 Teakwood Lane, Enola, PA 17025, with both parents; b. From December 29, 2008, at an unknown address, presumably with Father. The Father currently resides at an unknown address. It is unknown whether anyone else resides with Father. 15. The father of the Children is currently residing at an unknown address. He is married to Mother. 16. The Mother of the Children is currently residing at 1014 Teakwood Lane, Enola, PA 17025. She is married to Father. 17. The relationship of Counterclaim Plaintiff to the Children is that of Mother. Mother resides alone. 18. The relationship of Counterclaim Defendant to the Children is that of Father. Father currently resides at an unknown location presumably with Children. 19. Mother has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of these Children in this or any other Court. 20. Mother has no information of a custody proceeding concerning the Children pending in a court of this Commonwealth 21. Mother does not know of a person not a party to the proceedings that have physical custody of the Children or claims to have custody or visitation rights with respect to the Children. 22. The best interest and permanent welfare of the Children will be served by granting the relief requested. Mother seeks shared legal and primary physical custody of the minor Children because: Mother can offer a more stable, nurturing, and loving environment for Children than Father can provide; Mother has been the children's primary caretaker; Father has isolated the children from Mother, has systematically refused and/or neglected to provide Mother with ample custody commensurate with the parties respective work schedules; has elected to have the children stay in the company of a third party caregiver instead of with Mother when Mother is ready, willing, and able to have the children; has failed to assure that the children meet their educational and spiritual needs; Father has failed to act in the best interests of the children; has failed to ensure that the children attend respective activities; and, among other things, has wrongfully removed the children from the marital residence. Mother believes and therefore avers that it would be in the best interest of the Children that she has majority physical custody of the children, and, therefore, requests that she be awarded majority physical custody of the Children and requests that Father be awarded partial physical custody. 23. The Court of Common Pleas of Cumberland County has jurisdiction in this case since the Children have resided m Cumberland County, Pennsylvania for the statutorily prescribed length of time. 24. 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. WHEREFORE, Counterclaim Jennifer Lavender requests that this Honorable Court to grant her shared legal and majority physical custody of Ryan Lavender and Emma Lavender. Respectfully submitted, Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, Pennsylvania 17011 (717) 975-9129 Supreme Court ID # 45836 Attorney for Jennifer Lavender ?? ra ? ? -- '' `.?' , _.?_ ?? i- i -ri ? ._- . . ? , - ? , _ '" . ?.. ,. - ?: ,: -aE??' -- P.?t .. ? -? -?. ? 4P V JAN 2 i 2009 ? WILLIAM J. LAVENDER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7520 CIVIL ACTION LAW JENNIFER L. LAVENDER, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND,NOW this 2-1 &. day of January 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, William J. Lavender, and the Mother, Jennifer L. Lavender, shall have shared legal custody of Ryan W. Lavender, born 07/28/2004 and Emma R. Lavender, born 02/24/2001. 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 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. 2. Physical Custody: Mother and Father shall share physical custody of the Children on a repeating two week schedule as follows: a. In week one, Father shall have physical custody of the Children Monday through Wednesday. On Monday, Father shall pick Ryan up at Mother's residence at 11:30 am and pick Emma up from after school. On Tuesday, Father shall take Ryan to day care and pick Ryan up after day care and drop off/pick up Emma after school. On Wednesday, Father shall drop Ryan off at day care and drop Emma off at school. Mother shall have physical custody from Wednesday through Friday, picking Ryan up from day care 11:30 am on Wednesday and Emma from after school. Father then shall have physical custody of the Children from Friday until Monday morning. Father shall pick Ryan up from Mother's residence at 11:30 am on Friday and pick Emma up from after school on Friday. Father shall take Emma to school on Monday morning. b. In week two, Mother shall have physical custody of the Children Monday through Wednesday. Mother shall have custody of Ryan at 11:30 am on Monday, picking Ryan up from Father's residence and pick Emma up from after school on Monday. Father then shall have physical custody of the Children Wednesday through Friday. Father shall pick up Ryan from after day care at 11:30 am on Wednesday and pick Emma up from after school. On Thursday, Father shall drop off and pick up Ryan at day care and pick up Emma from after school. On Friday, Father shall take Emma to school. Mother then shall have physical custody of the Children Friday through Monday morning. Mother shall pick Ryan up from Father's residence at 11:30 am on Friday. C. It is understood that if Ryan begins day care full time or begins school, the exchange location/times will have to altered by agreement to suit his schedule. 3. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Jessica Hart with New Passages. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall establish a holiday schedule at the status conference in March 2009 absent agreement otherwise. 6. Vacation: The parents shall establish a vacation schedule at the status conference in March 2009. 7. The parents shall not involve or discuss with the Children custodial or legal litigation issues. 8. 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. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. This Order is entered pursuant to 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. 12. A status update conference is scheduled with the assigned conciliator on March 23, 2009 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. By the Court, >• as ,.,?- ?. <' ,mac... .. ? _ _, ? 43_ ? r z ?? _ C r r? ? ? ? u C'L? .?`_' i _. _f i^^^ ? ?..' .?, i..t., ?` N ? kD' tribution: e Saltzgiver, Esquire, 410 N Second St., PO Box 1062, Harrisburg, PA 17108 'chael Rentschler, Esquire, 28 N 32nd St., Camp Hill, PA 17011 ohn J. Mangan, Esquire 0-0? i2S m8J-C?L WILLIAM J. LAVENDER, JR., Plaintiff V. JENNIFER L. LAVENDER, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7520 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody Ryan W. Lavender 07/28/2004 Father Emma R. Lavender 02/24/2001 Father 2. A Conciliation Conference was held with regard to this matter on January 21, 2009 with the following individuals in attendance: The Mother, Jennifer L. Lavender, with her counsel, Michael Rentschler, Esq. The Father, William J. Lavender, with his counsel, Laurie Saltzgiver, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo . M gan, squire C tod Conciliator nae 2.12000 I" WILLIAM J. LAVENDER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7520 CIVIL ACTION LAW JENNIFER L. LAVENDER, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this aT day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the o2 day of 2009 at [4 %Q am/pm in Courtroom number 4 in the Cumberland County Court o dmmon 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 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. 3. Legal Custody: The Father, William J. Lavender, and the Mother, Jennifer L. Lavender, shall have shared legal custody of Ryan W. Lavender, born 07/28/2004 and Emma R. Lavender, born 02/24/2001. 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 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. 4. Physical Custody: Mother and Father shall share physical custody of the Children on a repeating two week schedule as follows: a. In week one, Father shall have physical custody of the Children Monday through Wednesday. On Monday, Father shall pick Ryan up at Mother's residence at 11:30 am and pick Emma up from after school. On Tuesday, Father shall take Ryan to day care and pick Ryan up after day care and drop off/pick up Emma after school. On Wednesday, Father shall drop Ryan off at day care and drop Emma off at school. Mother shall have physical custody from Wednesday through Friday, picking Ryan up from day care 11:30 am on Wednesday and Emma from after school. Father then shall have physical custody of the Children from Friday until Monday morning. Father shall pick Ryan up from Mother's residence at 11:30 am on Friday and pick Emma up from after school on Friday. Father shall take Emma to school on Monday morning. b. In week two, Mother shall have physical custody of the Children Monday through Wednesday. Mother shall have custody of Ryan at 11:30 am on Monday, picking Ryan up from Father's residence and pick Emma up from after school on Monday. Father then shall have physical custody of the Children Wednesday through Friday. Father shall pick up Ryan from after day care at 11:30 am on Wednesday and pick Emma up from after school. On Thursday, Father shall drop off and pick up Ryan at day care and pick up Emma from after school. On Friday, Father shall take Emma to school. Mother then shall have physical custody of the Children Friday through Monday morning. Mother shall pick Ryan up from Father's residence at 11:30 am on Friday. c. It is understood that if Ryan begins day care full time or begins school, the exchange location/times will have to altered by agreement to suit his schedule. 5. Counseling: The parties are directed to continue/participate with their counseling with Rodney Brenner, or some other mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: The parents shall abide by the attached holiday schedule absent agreement otherwise. Other holidays not established in the attached schedule shall be determined at the custody hearing. 8. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. Mother has already requested the week of August 1, 2009 through August 8, 2009. The vacation weeks shall run from Saturday through the following Saturday absent mutual agreement otherwise. 9. The parents shall not involve or discuss with the Children custodial or legal litigation issues. 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. A- 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. This Order is entered pursuant to 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. 14. In the event the parties mutually indicate that the scheduled custody hearing is not an appropriate forum to resolve the custodial issues, either party has the option of contacting the assigned conciliator to have a conciliation scheduled and the custody hearing cancelled. By the Court, J. Distribution: Laurie Saltzgiver, Esquire, 410 N Second St., PO Box 1062, H ichael Rentschler, Esquire, 28 N 32nd St., Camp Hill, PA 17011 I'M' J. Mangan, Esquire ?° -4 r o burg, PA 17108 HOLIDAYS AND SPECIAL DAYS TEWES EVEN YEARS ODD YEARS Easter Da 1 Half From 8 am until 2 m Mother Father Easter Da 2n Half From 2 m until 8 m Father Mother Memorial Da From 8 am until 8 m Mother Father independence Da From 8 am until 8 m Father Mother Mother's Da From 8 am until 8 m Mother Mother Father's Da From 8 am until 8 m __j Father Father cn V J WILLIAM J. LAVENDER, JR., Plaintiff V. JENNIFER L. LAVENDER, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7520 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ryan W. Lavender 07/28/2004 Mother/Father Emma R. Lavender 02/24/2001 Mother/Father 2. A Conciliation Conference was held with regard to this matter on January 21, 2009, an Order issued January 29, 2009 and a status conference was held March 23, 2009 with the following individuals in attendance: The Mother, Jennifer L. Lavender, with her counsel, Michael Rentschler, Esq. The Father, William J. Lavender, with his counsel, Laurie Saltzgiver, Esq. 3. Mother's position on custody is as follows: Mother maintains that she has been the Children's primary care-giver and desires to have primary custody of the Children. The parents have shared custody of the Children since mid January 2009 on a 2/2/3 basis. Mother and Father live in close proximity to each other. Mother does not feel that a week on/ week off situation is in the Children's best interest. Mother would like to have primary custody, but is willing to continue the current situation until a hearing can be scheduled before the Court. Mother feels that a whole week without seeing her kids is too long. Mother and Father are just beginning counseling this week. It is the parties' desire that the counseling may alleviate some of the tension between the parents. Mother asserts that she is better able to offer the Children a stable home environment. 4. Father's position on custody is as follows: Father maintains that he better able to parent the Children and also would like primary custody of the Children. Both parties indicate that the Children are doing relatively well at the time being. Father just started a new shift at Roadway from 10:00 pm until 6:00 am. Father indicates that this shift will maximize his time with the Children and that he is able to put the Children to bed and make sure the Children get to school/ day care in the mornings. Paternal grandmother is willing and able to assist Father when the Children stay overnight and Father is working. Father indicated that he would prefer a week on/ week off schedule until the Court hearing. Father indicates that this requested situation would decrease the amount of back and forth from the parents' respective residences. Father indicates that he is equally able to offer the Children a stable home environment as Mother can. 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 G? Jo , Esquire C tody Conciliator WILLIAM J. LAVENDER, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-7520 JENNIFER L. LAVENDER, CIVIL ACTION -LAW Z,r o` R Defendant IN CUSTODY ';'[T rv =r-' G- <C STIPULATION AND AGREEMENT FOR CUSTOD AND NOW comes the Plaintiff, William J. Lavender, Jr. (Hereinafter atQ") r Defendant, Jennifer L. Lavender (hereinafter "Mother") and hereby stipulate and agree as follows: 1. Legal Custodv: Father and Mother shall have shared legal custody of Ryan W. Lavender, born July 28, 2004 and Emma R. Lavender, born February 24, 2001. 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. 2. Physical Custody: Mother and Father shall share physical custody of the children on a repeating two week schedule as follows: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX(717)236-2817 a. In week one, Father shall have physical custody of the children Monday through Wednesday. On Monday, Father shall pick Ryan up at Mother's residence at 11:30 a.m. and pick Emma up from after school. On Tuesday, Father shall take Ryan to day care and pick Ryan up after day care and drop off/pick up Emma after school. On Wednesday, Father shall drop Ryan off at day care and drop Emma off at school. Mother shall have physical custody from Wednesday through Friday, picking Ryan up from day care 11:30 a.m. on Wednesday and Emma from after school. Father then shall have physical custody of the children from Friday until Monday morning. Father shall pick Ryan up from Mother's residence at 11:30 a.m. on Friday and pick Emma up from after school on Friday. Father shall take Emma to school on Monday morning. b. In week two, Mother shall have physical custody of the children Monday through Wednesday. Mother shall have custody of Ryan at 11:30 am on Monday, picking Ryan up from Father's residence and pick Emma up from after school on Monday. Father then shall have physical custody of the children Wednesday through Friday. Father shall pick up Ryan from after day care at 11:30 a.m. on Wednesday and pick Emma up from after school. On Thursday, Father shall drop off and pick up Ryan at day care and pick up Emma from after school. On Friday, Father shall take Emma to school. Mother then shall have physical custody of the children Friday through Monday morning. Mother shall pick Ryan up from Father's residence at 11:30 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 a.m. on Friday. C. It is understood that if Ryan begins day care full time or begins school, the exchange location/times will have to be altered by agreement to suit his schedule. 3. Counseling: The parties are directed to continue/participate with their counseling with Rodney Brenner, or some other mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the children on a reasonable basis. 5. Holidays: (See attached Exhibit "A") a. Easter: The Easter holiday shall be divided in two segments. Segment A is Easter Sunday from 8:00 a.m. until 2:00 p.m. and Segment B is Easter Sunday from 2:00 p.m. until 8:00 p.m. In even years, Mother shall have Segment A and Father shall have Segment B. In odd years, Father shall have Segment A and Mother shall have Segment B. b. Memorial Day: The Memorial Day holiday shall be from 9:00 a.m. until 8:00 p.m. Mother shall have the holiday in even numbered years and Father shall have the holiday in odd numbered years. C. 4th of July: The 4th of July holiday shall be from 9:00 a.m. until 8:00 p.m. Father shall have the holiday in even numbered years and Mother shall have the holiday in odd numbered years. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 d. Labor Day: The Labor Day holiday shall be from 9:00 a.m. until 8:00 p.m.. Mother shall have the holiday in even numbered years and Father shall have the holiday in odd numbered years. e. Thanksgiving: The Thanksgiving holiday shall be from 9:00 a.m. on Thanksgiving Day until 9:00 a.m. on the Friday after Thanksgiving. Mother shall have the Thanksgiving holiday in even numbered years and Father shall have the Thanksgiving holiday in odd numbered years. f. Christmas: The Christmas holiday will be divided in two Segments. Segment A will be from 12:00 p.m. on December 24?' until 12:00 p.m. on December 25`I'. Segment B will be from 12:00 p.m. on December 25' until 12:00 p.m. on December 26'. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. g. New Year's: The New Year's holiday shall be from 6:00 p.m. on New Year's Eve until 12:00 p.m. on New Year's Day. Father shall have the holiday in even numbered years and Mother shall have the holiday in odd numbered years. ie Since the holiday begins on December 318`, Mother shall have the New Year's holiday beginning on December 31, 2009. Father shall have the New Year's holiday beginning on December 31, 2010. h. Mother' Day/Father's Da X: Mother shall have Mother's Day from 8:00 a.m. until 8:00 p.m. Father shall have Father's Day from 8:00 a.m. until 8:00 p.m. 6. Vacation: Each parent shall have two non-consecutive weeks of vacation with the MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 children per year. The requesting parent shall give the other parent thirty (30) days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacation weeks shall run from Saturday through the following Saturday absent mutual agreement otherwise. 7. The parents shall not involve or discuss with the children custodial or legal litigation issues. 8. 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. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non- prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX (717) 236-2817 provision. 11. The parties agree to submit this Stipulation and Agreement for custody to the Court for entry as a Court Order. William J. L er, Jr. La 'e i , Esqu MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Michael Rentsch er, Esquire ' v atm - '. Y Q J 4fLq??? qom-Rm e ? J am -q m I v i [JAf - P\N ?a? i 'A N 0 x ,01 [3 WILLIAM J. LAVENDER, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-7520 JENNIFER L. LAVENDER, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, on this day of , 2010, the Plaintiff and Defendant, having reached an agreement regarding custody and the best interest and welfare of their minor children, the attached Stipulation and Agreement for Custody is hereby an Order of Court. BY THE COURT: ?r ?r >v I m o ?• J rim -73 :? t7 D rti -a &4', ? - a u? I oet . MEYERS, DESFOR. SALTZGIYER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX(717)236-2817 n ~ r~-~" P~o r~ ic , 1~~~ ~ 2011 NO! 10 I Pn 2: 12 i~ CUM'ERLAND COUNTY ~ PENNS YLYqNIA WILLIAM J. LAVENDER, JR., ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVA1vIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 08-7520 JENNIFER L. HUDSON, formerly ) JENNIFER L. LAVENDER, ) 1N CUSTODY Defendant PETITION TO MODIFY CUSTODY ORDER AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court to modify its present custody order, based upon the following: 1. The Petitioner herein is the Defendant who resides at 1014 Teakwood Lane in Enola, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff who resides at the present time, to Defendant's knowledge, at 46 West King Street in Littlestown, Adams County, Pennsylvania. 3. The parties are the paxents of two minor children, Emma R. Lavender, born 24 February 2001 and now age 10, and Ryan W. Lavender, born 28 July 2004 and now age 7. 4. The children are the subject of an order of custody previously entered in the above matter in early 2010 by the Honorable Kevin A. Hess. That order essentially provided for shared legal and physical custody of the children on a regular schedule by which each parent would have the children two week days each week and alternating weekends three days long. 5. In late September or early October, without the consent of Defendant or authorization of this court, the Plaintiff relocated with the children from his prior residence in Marysville, Pennsylvania to his new residence in Littlestown. Plaintiff never requested Defendant's I j permission for that relocation, never complied with the requirements of Pennsylvania law as to notice, and never requested or obtained the court's consent to relocate the children. I 70• 0C, ~3r> ~ - ~~6 ~ TS , 6. As a result of Plaintiff's relocation of the children, he now transports them by motor vehicle a minimum of two hours every day that they attend school and are in his custody, he has I removed them from the neighborhoods in which they previously lived, and he has otherwise ! disrupted their lives. Moreover, he has placed the children beyond ready access to Defendant in , ; the event of an emergency. ' 7. Plaintiff s relocation of the children violates the law and Defendant's custodial rights ' i with regard to the children. 8. Since the entry of the priar order, the circumstances of the parties and the children ; ~ have changed significantly and, as a result, a modification of the order, to award Defendant ~ ~ primary physical custody of both children is appropriate. The circumstances that have changed ~ ~ include: ' A. Plaintiffls wilful violation of the law by relocating the children without ; Defendant's consent or compliance with the laws of Pennsylvania. ~ B. Plaintiffs removal of the children from the neighborhoods and family connections in which they were living and the consequent disruptions of their i ; lives. ~ C. Plaintiff, in order to keep the children in the schools they have attended ~ ; since commencing school, must transport the children for one hour each way. To accomplish that, he must awake the children in the very early morning hours to ~ transport them to school and is not able to return them to his home until late in the ~ day. ~ D. Plaintiff has failed to properly protect and provide for the safety, ~ security, and nurturing of the children, both by his conduct generally and by the ~ improper relocation of the children to Littlestown. I 9. As a result of the Plaintiff's conduct, the children have suffered and continue to suffer a serious disruption of their lives and an interference with their schooling and other activities and other relationships. f I~ ~ ~ 10. It is in the best interest of the children that Defendant be awarded primary physical ' ' i custody of both children so that they can maintain their relationships and stability in her home , and neighborhood. ! i WHEREFORE, Defendant prays this court to award her primary physical custody of the ; minor children in this case. ~ , I~ ~ p ~ I Sam L. Andes ; ~ Attorney for Defendant 1 Supreme Court ID # 17225 I ~ 525 North 12' Street ~ P.O. Box 168 ~ i Lemoyne, Pa 17043 ' (717) 761-5361 V ~ ~ ~ ~ I verify that the sta.tements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ~ Date: 0 ~ 1-O h-CA/ MIIFER ~J L 7b-N , I I ~ i ~ ; ; i ~ I I i I I ~ ~ ~ a i ~ d i I ~ ~ ~ i , i I I I , i ~ i j ~ , EXHIBIT A ~ 'JAN WILLIAM J. LAVENDER, JR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.08-7520 JENNIFER L. LAVENDER, : CNIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, on this day of , 2010, the Plaintiff and Defendant, having reached an agreement regarding custody and the best interest and welfare of their minor children, the attached Stipulation and Agreement for Custody is hereby an Order of Court. BY THE COURT: J. ~ r ° c~ < o ~ co C23 . c-. Urn ~ ~ _a a b -c ~ ~ .1~~.c~?~lt~rz. eo ,~C~C ~ MEYERS, DESFOR, SALTZGIVER & BOYLE II 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBUAG, PA 17108 WILLIAM J. LAVENDER, JR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COLTNTY, PENNSYLVANIA vs. : N0.08-7520 ' JENNIFER L. LAVENDER, : CIVIL ACTION - LAW -ow v ~ Defendant : IN CUSTODY L`T'rr' A ~ !:~i - 2 ~ ~ ~ Ci ~ ~ I STIPULATION AND AGREEMENT FOR CUSTOD o O = ~J nsm AND NOW comes the Plaintiff, William J. Lavender, Jr. (Hereinafter&at}t;") ~ I Defendant, Jennifer L. Lavender (hereinafter «Mother„) and hereby sripulate and agree as follows: 1. Legal Custodv: Father and Mother shall have shared legal custody of Ryan W. ~ Lavender, bom July 28, 2004 and Emma R. Lavender, born February 24, 2001. 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 pazent 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. Phvsical Custody: Mother and Father shall share physical custody of the children on a repeating two week schedule as follows: I ~ MEYERS, DESFUR, SALTZGIVER & 80YLE II 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 a. In week one, Father sha11 have physical custody of the children Monday through Wednesday. On Monday, Father sha11 pick Ryan up at Mother's residence at 11:30 a.m. and pick Emma up from after school. On Tuesday, Father shall take Ryan to day care and pick Ryan up after day caze and drop off/pick up Emma after school. On Wednesday, Father shall drop Ryan off at day care and drop Emma off at school. Mother shall have physical custody from Wednesday through Friday, picking Ryan up from day care 11:30 a.m, on Wednesday and Emma from after school. Father then shall have physical custody of the children from Friday until Monday morning. Father shall pick Ryan up from Mother's residence at 11:30 a.m. on Friday and pick Emma up from after school on Friday. Father shall take Emma to school on Monday morning: b. In week two, Mother shall have physical custody of the children Monday through Wednesday. Mother shall have custody of Ryan at 11:30 am on Monday, picking Ryan up from Father's residence and pick Emma up from after school on Monday. Father then shall have physical custody of the children Wednesday through Friday. Father shall pick up Ryan from after day care at 11:30 a.m. on Wednesday and pick Emma up from after school. On Thursda.y, Father shall drop off and pick up Ryan at day care and pick-up - Emma from after school. On Friday, Father shall take Emma to school. Mother then shall have physical custody of the children Friday through Monday morning. Mother shali pick Ryan up from Father's residence at 1130 I I 1i MEYERS, DESFOR, SALTZGIVER 3 BOYLE 410 NOR7H SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 171na a.m. on Friday. c. It is understood that if Ryan begins day care fu11 time or begins school, the exchange location/times wiIl have to be altered by agreement to suit his schedule. 3. Counseline: The parties are directed to continue/participate with their counseling with Rodney Brenner, or some other mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial pazent shall have liberal telephone contact with the children on a reasonable basis. 5. Holidavs: (See attached Exhibit "A") a. Easter: The Easter holiday shall be divided in two segments. Segment A is Easter Sunday from 8:00 a.m. unti12:00 p.m. and Segment B is Easter Sunday from 2:00 p.m. until 8:00 p.m. In even years, Mother shail have Segment A and Father shall have Segment B. In odd years, Father shall have Segment A and Mother sha11 have Segment B. b. Memorial DaX: The Memorial Day holiday shall be from 9:00 a.m. until 8:00 p.m. Mother shall have the holiday in even numbered yeazs and Father shall have the holiday in odd numbered years. . c. 4' of Julv: The 4" of July holiday shall be from 9:00 a.m. unti18:00 p.m. Father shall have the holiday in even numbered years and Mother shall have the holiday in odd numbered yeazs. i MEYERS, DESFOR, SALTZGIVER & BOYLE I 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 d. Labor Dav: The Labor Day holiday shall be from 9:00 a.m. until 8:00 p.m.. Mother shall have the holiday in even numbered years and Father shall have the holiday in odd numbered years. e. Thanks i~ ving: The Thanksgiving holiday shall be from 9:00 a.m. on Thanksgiving Day until 9:00 a.m. on the Friday after Thanksgiving. Mother I shall have the Thanksgiving holiday in even numbered yeazs and Father shall have the Thanksgiving holiday in odd numbered years. f. Chrishnas: The Christmas holiday will be divided in two Segments. Segment A will be from 12:00 p.m. on December 20 until 12:00 p.m. on December 25'. Segment B will be from 12:00 p.m. on December 25' until 12:00 p.m. on December 26'. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. g. New Year's: The New Year's haliday shall be from 6:00 p.m. on New Year's Eve until 12:00 p.m. on New Year's Day. Father shall have the holiday in even numbered years and Mother shall have the holiday in odd numbered years. ie. Since the holiday begins on December 31', Mother sha11 have the New Year's holiday beginning on December 31, 2009. Father shall have the New Year's holiday beginning on December 31, 2014. , h. Mother' Dav/Father's Day: Mother shall have Mother's Day from 8:00 a.m. unti18:00 p.m. Father shall have Father's Day from 8:00 a.m. until 8:00 p.m. 6. Vacation: Each parent shall have two non-consecutive weeks of vacation with the I ~ MEYERS, DESFOR, SALTZGIVER & BOYL.H I 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 , children per year. The requesting parent shall give the other parent thirty (30) days advance notice of the requested time and this vacation week sha11 supersede the regulaz physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice sha11 have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacation weeks shall run from Saturday through the following Saturday absent mutual agreement otherwise. 7. The parents shall not involve or discuss with the children custodial or legal lidgation issues. 8. 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 affecrion for the other party. To the extent possible, both parties shall not a11ow third parties to disparage the other parent in the presence of the children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. Dwing any periods of custody or visitation, the parties shall not-possess or use non- prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members andlor house guests comply with this I i MEYERS, DESFOR, SALTZCa1VER & BOYLE 410 NORTH SECOND STREET • P.O. 80X 1062 • HARRISBURG. PA 171na provision. 11. The parties agree to submit this Stipulation and Agreement for custody to the Court far entry as a Court Order. , William J. L er, Jr. Je ' er L Lav ~ La e. , Esq Michael Rentsc er, Esquire i ~ i i ~ MEYERS, DESFOR, SALTZGIVER & BOYLE I 410 NOA7H SECOND STREET • P.O. BOX 1062 • HARRlSBURG, PA 17108 , . . ~ , , 3t. - R um m ~ - , (RM qotfn-~lj ~ i -l1 Qm m ' M ~ ~ 5 ; Nf . cwn . I t ...-~xC~~Ka•".:,'w+~+~+ C~ . ~ WILLIAM J. LAVENDER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA r ?+ V . 2008-7520 CIVIL ACTION LAW r CZ) r7x JENNIFER L. HUDSON, FORMERLY Tom-" JENNIFER L. LAVENDER IN CUSTODY D C.) Z C_r u t°s DEFENDANT 3 ORDER OF COURT AND NOW, Thursday, November 17, 2011 , 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, December 22, 2011 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide vrounds 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: ls/ john j Mangan, Jr,, Esq. W 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 -/eSTelephone (717) 249-3166 1GCf? . Copy X&II cI [r y ,C e.1 Yb ?0ora ?(9o ri ,? ,?/ WILLIAM J. LAVENDER, JR., Plaintiff V. JENNIFER L. HUDSON F/K/A JENNIFER L. LAVENDER Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. No. 08-7520 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this J L, day of January 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduied on the - day of Y))lt.t&,,_,20? 2 at =3 , _am/RM its, CourtrooM numbei;.Srm the Cumberland County Court of Common Pleas, Carlisle, PA 170113 at whic'_ time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother 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- counsef a Memorandum setting forth each party's position on custody, (-I list of witnesses who wit] '?e efpected to testify at the hearing and a summary of the anticipated testimony of each witness,. These Memoranda shall be filed at least five days pl-kior to the hearing date. 3. Legal Custody: The. Father, William J. Lavender, and the Mother, Jennifer L. lavender, :shall have shared legal custody of Ryan W. Lavender, born 07/28/21304 and Emma R. Lavender, born 02/24/2001. The parties shall have an equal right to make ail major non-erners;ency decisions affecting the Child's general well-being including, but not limited tc, 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 Lhe 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. 4. Physical Custody: Mother and Father shall share physical custody of the Children on a repeating two week schedule as follows: a. In week one, Father shall have physical custody of the Children Monday through Wednesday. Father shall ensure that the Children are taken to school and picked up on time during his custodial periods. Mother shall have physical custody of the Children from Wednesday through Friday, picking up the Children from school on Wednesday afternoon. Mother shall ensure that the Children are taken to school and picked up on time for her custodial periods. Father then shall have physical custody ,4 L- of the Children from Friday until Monday morning, picking up the Children from school on Friday and returning the Children to school on Monday morning. b. In week two, Mother shall have physical custody of the Children Monday through Wednesday. Mother shall ensure that the Children are taken to school and picked up on time during her custodial periods. Father shall have physical custody of the Children from Wednesday through Friday, picking up the Children from school on Wednesday afternoon. Father shall ensure that the Children are taken to school and picked up on time for his custodial periods. Mother then shall have physical custody of the Children from Friday until Monday morning, picking up the Children from school on Friday and returning the Children to school on Monday morning. c. Each parent shall ensure that the Children attend their scheduled extra-curricular activities when the Children are in their respective custody. 5. Counseling: The parties are encouraged to try therapeutic family counseling again with a mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. The non-custodial parent shall have liberal telephone, contact with the Children on a reasonable basis. Holidays: The parents shall abide by the attached holiday schedule absent agreement otherwise. 8. Vacation: Each parent shall have two xion-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other patent 30 days advance notice of the requested time and this vacation week shall. supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacation weeks shall run from Saturday through the following Saturday absent mutual agreement otherwise. 9. The parents shall not involve or discuss with the Children custodial or legal litigation issues. 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. This Order is entered pursuant to 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. 14. In the event the parties mutually indicate that the scheduled custody hearing is not an appropriate forum to resolve the custodial issues, either party has the option of contacting the assigned conciliator to have a conciliation scheduled and the custody hearing cancelled. By the Court, J. t Distribution: CU - Samuel Andes, Esquire M yC-r„ '-ar William Lavender, 46 West King Street, Littlestown, PA ?' ter- ? t/ John J. Mangan, Esquire ?? cro ? .cam ..,Q ?-+n -cl mti3ed t l ? 1a Zc3 r?? HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS - YEARS r YEARS raster Day 1S Half r Easter From 8 am until 2 pm _ Mother Father Easter lly2 Half From 2 m until 8 m Father Mother _ Memorial Day From 9 am until 8 pm _ Mother ! Father Independence Day From 9 am until 8 pm Father - other Labor Day From 9 am until 8 m Mother Father Thanksgiving From 9 am Thursday until 9 am Mother Father Friday Christmas Block A From noon 12/24 until noon 12/25 Father Mother Christmas Block B From noon 12/25 until noon 12/26 Mother Father New Year's From 6 m 12/31 until noon 01/01 Father Mother Mother's Day From 8 am until 8 pm Mother Mother Father's Day From 8 am until 8 pm Father Father '+r WILLIAM J. LAVENDER, JR., Plaintiff V. JENNIFER L. HUDSON F/K/A JENNIFER L. LAVENDER Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7520 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 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 Ryan W. Lavender 07/28/2004 Mother/Father Emma R. Lavender 02/24/2001 Mother/Father 2. A Conciliation Conference was held with regard to this matter on January 21, 2009, an Order issued January 29, 2009, a status conference was held March 23, 2009, an Order issued March 26, 2009, a stipulated Order issued January 08, 20 and a conciliation was held December 22, 2011 with the following individuals in attendance: The Mother, Jennifer L. Lavender, with her counsel, Samuel Andes, Esq. The Father, William J. Lavender, self-represented party 3. Mother's position on custody is as follows: Mother maintains that she has been the Children's primary care-giver and desires to have primary custody of the Children. The parents have shared custody of the Children since mid January 2009 on a 2/2/3 basis. Mother alleges that Father moved to Adams County without notifying her of the move. Mother indicates that the Children have to travel between 45 minutes to an hour to get to school and to their activities when the Children are in Father's custody. Mother does not think that the Children are getting enough sleep and that there is about a 35 minute difference in the Children's school start/end times. Mother alleges that this is an inconvenience to both Children. Mother has concerns that if there is early dismissal or if the Children are sick and need to be picked up from school, Father is too far away to timely pick the Children up. Overall, Mother thinks that the current schedule is too disruptive and not in the Children's best interest to continue with the 2/2/3 schedule. During the school year, Mother would like the Children to primarily be with her. 4. Father's position on custody is as follows: Father is adamant that he continue to share physical custody of the Children. Father acknowledges that he moved to Littlestown and did not seek Mother's consent. However, Father indicates that his move 45 minutes away in no way impacts Mother's custodial time nor inconveniences Mother in any fashion. Father indicates that he does all of the transportation for the Children to get to school and their respective activities. Father indicates that the Children have an excellent attendance record and that the Children have not missed their scheduled activities. Father indicates that the Children do get enough sleep and that they do not mind the drive. Father indicates that he does not see any reason to alter a shared custodial arrangement. 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 John K ?Xan, Esquire Cus dy Conciliator G' 01 ' ,... s.. '^. :3 t_• !ate 1 au :. x WA WILLIAM J. LAVENDER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JENNIFER L. HUDSON, formerly JENNIFER L. LAVENDER, Defendant CIVIL ACTION - LAW NO. 08-7520 IN CUSTODY ORDER OF COURT AND NOW this ?2LIJ.E(- day of "0 /Lt e 2012, upon the Motion of the Defendant, we hereby continue the hearing originally scheduled for March 2, 2012. The hearing will now be held on the day of '_"????.,?; , 2012 commencing at I? o'clock ??..m., in Court Room 5 of the Cumberland County Courthouse in Carlisle, Pennsylvania. The other provisions of our order of January 5, 2012 shall remain in full force and effect pending that hearing. BY THE COURT, Distribution:, William J. Lavender, Jr. (Plaintiff) 46 West King Street, Littlestown, PA Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 ?t?'ti WILLIAM J. LAVENDER, JR., IN THE COURT OF COMMON PLEAS Off. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -'' V. CIVIL ACTION - LAW JENNIFER L. HUDSON F/K/A, N JENNIFER L. LAVENDER, Defendant No. 08-7520 CIVIL TERM a>?' IN RE: AGREEMENT FOR CUSTODY ORDER OF COURT AND NOW, this 5th day of April, 2012, this matter being called to a hearing and the parties having now come to a mutual agreement after discussions for approximately an hour, with the presence of both parties, it is hereby ordered: 1. The Plaintiff, William J. Lavender, Jr., ("father"), and the Defendant, Jennifer L. Hudson ("mother"), shall share legal custody of their two minor children, Emma R. Lavender, born February 24, 2001, and Ryan W. Lavender, born July 28, 2004. The parties are directed to cooperate with each other to exchange information and make all decisions of significance in the children's lives by mutual agreement. Each parent shall have full access to school, medical and other records relating to the children and have access to all professionals providing education, health care, or other care to the children. 2. The parties shall share physical custody of their two children as follows: A. During the school year, the children shall reside with mother and father shall have the following periods of custody: 1. Alternating weekends from after school Friday evening until Monday morning when he shall return them to school. If there is no school on Monday, he shall return them to the mother's custody at the McDonald's in Dillsburg restaurant at 9:00 a.m. Father's weekends shall commence on Friday, April 13, 2012. 2. One evening each week from after school until 8:00 p.m. on the condition that father shall see to it that the children attend and participate in any scheduled activities. This evening shall be on Tuesdays to commence the schedule, but the father shall have the right to change that to another weekday evening on 7 days notice to mother. 3. The parties shall divide the Easter weekend as follows: a. In 2012, father shall have the children on Easter Sunday from 2:00 p.m. until 9:00 a.m. on the following Monday morning. b. In odd numbered years in the future, mother shall have the children from 6:00 p.m. on the Friday before Easter until 6:00 p.m. on the Saturday before Easter and father shall have the children from 6:00 p.m. on the Saturday before Easter until 6:00 p.m. on Easter Sunday. C. In even numbered years the schedule shall reverse so that father has the children from 6:00 p.m. on the Friday before Easter until 6:00 p.m. on the Saturday before Easter, and mother has the children from 6:00 p.m. on the Saturday before Easter until 6:00 p.m. on Easter Sunday. 4. Over the Christmas holiday each year, the parties shall share custody as follows: a. In even numbered years, father shall have the children from 12:00 noon on the 23rd of December until 12:00 noon on Christmas day, and mother shall have the children from 12:00 noon on Christmas Day until 12:00 noon on the 27th of December. b. In odd numbered years the schedule shall reverse and mother shall have the children from noon on the 23rd of December until noon on Christmas Day, and father shall have the children from noon on Christmas Day until noon on the 27th of December. 5. For the remaining holidays, the parties will alternate physical custody of the children as follows: a. Mother shall have Memorial Day from 9:00 a.m. until 8:00 p.m. in even numbered years, and father shall have the children the same times in odd numbered years. b. For Independence Day, the father shall have the children from 9:00 a.m. until 8:00 p.m. in even numbered years, and mother shall have the children the same times in odd numbered years. C. For Labor Day, mother shall have the children from 9:00 a.m. until 8:00 p.m. in even numbered years and father shall have the children for the same times in odd numbered years. d. For the Thanksgiving holiday, mother shall have the children from 9:00 a.m. on Thursday until 9:00 a.m. on Friday in even numbered years and father shall have the children from 9:00 a.m. on Thursday until 9:00 a.m. on Friday in odd numbered years. e. For the New Years holiday, in even numbered years father shall have the children from 6:00 p.m. on the 31st of December until noon on the 1st of January. In odd numbered years, that shall reverse and the mother shall have the same periods of time with the children. 6. Mother shall always have custody of the children on Mother's Day from 8:00 a.m. until 6:00 p.m., and father shall always have custody of the children on Father's Day from 8:00 a.m. until 6:00 p.m. The parties will exchange custody and share in the transportation for those exchanges as follows: a. Father shall pick up the children at school on Friday and return them to school on Monday or to mother's home on Monday for his alternating weekends. b. Other exchanges that do not take place at the school will take place at the McDonald's restaurant in Dillsburg, Pennsylvania. B. During the children's summer vacation from school, commencing on the first Friday following the last day of the children's school, the parents shall share physical custody of their children on a week-to-week basis with the exchange time being 6:00 p.m. on Friday, and the exchange being made at the McDonald's restaurant in Dillsburg. The summer custody schedule will commence with father having the first full week which will commence on the first Friday following the children's last day of school. This schedule may be changed upon mutual agreement of both of the parties. By the Court, Christylee L. Peck, J. V1illiam Lavender, Jr., Plaintiff pro Se 46 West King Street Littlestown, Pennsylvania 17340 For the Plaintiff ?amuel Andes, Esquire 525 North 12th street P.O. Box 168 Lemoyne, Pennsylvania 17043 For the Defendant pcb *6 ?yia,z?c? CoP /1 #12? AL i\'° 1~i~ ~'n~ _~ ~, ~: r C:J~i~tfiL.r~J CUJ.'~(~~~' r' t#~dSY~Y ~r~1A WILLIAM J. LAVENDER, JR., ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION -LAW JENNIFER L. HUDSON, formerly ) NO. 08-7520 JENNIFER L. LAVENDER, ) Defendant ) IN CUSTODY PETITION FOR MODIFICATION AND NOW comes Jennifer L. Hudson, the Defendant in the above matter, and petitions the court to modify its order of 5 Apri12012, based upon the following: 1. The Petitioner herein is the Plaintif£ 2. The Respondent herein is the Defendant. 3. On 5 April 2012, this Court, by agreement of the parties, entered an order providing for the custody of their two children, Emma R. Lavender, born 24 February 2001 and Ryan W. Lav nder, born 28 July 2004. A copy of that order is attached hereto and marked as Exhibit A. 4. The said order does not provide any periods of vacation time for either parent with the children. Defendant wishes to have the order modified to provide each parent with reasonable periods of vacation with the children during the children's summer recess from school or at other times mutually agreed by the parties. 5. Defendant has planned a significant vacation trip with the children in the spring of 201 ~. Plaintiff has indicated he will not agree to surrender any of his custodial time so that Defendant and the children can take such vacation. 6. As a result of the above, Defendant needs the present order modified to allow her to take the children on her planned vacation and to provide for vacation periods in the future. ~~ ~~~ WHEREFORE, Defendant prays this court to modify the order of 5 Apri12012 to allow for vacation periods for each parent with the children and to permit her to take the children on her planned vacation trip in the spring of 2013. 1 L. An es Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361. I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~ ~ ~ ; /~ ~- ~~r ~ ~ y ,., JE~`NIFER ~~.. I~IJI~SON c_; ~' L r EXHIBIT A WILLIAM J. LAVENDER, JR., Plaintiff v. JENNIFER L, HUDSON F/K/A, JENNIFER L. LAVENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~~.~ ~,: -,, - -;, `~~ -~ ~« CIVIL ACTION - LAW r`' ~~ ~.~, -~ :=' tv No. 08-7520 CIVIL TERM ~ -~ ~,, -} IN RE : AGREEMENT FOR CUSTODY w ° ~... <<a ._ r_r~ C1RTIF.R (lF C(1TTRT - AND NOW, this 5th day of April, 2012, this matter being called to a hearing and the parties having now come to a mutual agreement after discussions for approximately an hour, with the presence of both parties, it is hereby ordered: 1. The Plaintiff, William J. Lavender, Jr., . -3 ~-; _~ c==: •~ ("father"), and the Defendant, Jennifer L. Hudson ("mother"), shall share legal custody of their two minor children, Emma R. Lavender, born February 24, 2001, and Ryan W. Lavender, born July 28, 2004. The parties are directed to cooperate with each other to exchange information and make all decisions of significance in the children's lives by mutual agreement. Each parent shall have full access to school, medical and other records relating to the children and have access to all professionals providing education, health care, or other care to the children. 2. The parties shall share physical custody of their two children as follows: A. During the school year, the children shall reside with mother and father shall have the following periods of custody: 1. Alternating weekends from after school Friday evening until Monday morning when he shall return them to school. If there is no school on Monday, he shall return them to the mother's custody at the McDonald's in Dillsburg restaurant at 9:00 a.m. Father's weekends shall commence on Friday, April 13, 2012. 2. One evening each week from after school until 8:00 p.m. on the condition that father shall see to it that the children attend and participate in any scheduled activities. This evening shall be on Tuesdays to commence the schedule, but the father shall have the right to change that to another weekday evening on 7 days notice to mother. 3. The parties shall divide the Easter weekend as follows: a. In 2012, father shall have the children on Easter Sunday from 2:00 p.m. until 9:00 a.m. on the following Monday morning. b. In odd numbered years in the future, mother shall have the children from 6:00 p.m. on the Friday before Easter until 6:00 p.m. on the Saturday before Easter and father shall have the children from 6:00 p.m. on the Saturday before Easter until 6:00 p.m. on Easter Sunday. c. In even numbered years the schedule shall reverse so that father has the children from 6:00 p.m. on the Friday before Easter until 6:00 p.m. on the Saturday before Easter, and mother has the children from 6:00 p.m. on the Saturday before Easter until 6:00 p.m.. on Easter Sunday. 4. Over the Christmas holiday each year, the parties shall share custody as follows: a. In even numbered years, father shall have the children from 12:00 noon .on the 23rd of December until 12:00 noon on Christmas day, and mother shall have the children from 12:00 noon on Christmas Day until 12:00 noon on the 27th of December. b. In odd numbered years the schedule shall reverse and mother shall have the children from noon on the 23rd of December until noon on Christmas Day, and father shall have the children from noon on Christmas Day until noon on the 27th of December, 5. For the remaining holidays, the parties will alternate physical custody of the children as follows: a. Mother shall have Memorial Day from 9:00 a.m. until 8:00 p.m. in even numbered years, and father shall have the children the same times in odd numbered years. b. For Independence Day, the father shall have the children from 9:00 a.m. until 8:00 p.m. in even numbered years, and mother shall have the children the same times in odd numbered years. c. For Labor Day, mother shall have the children from 9:00 a.m. until 8:00 p.m. in even numbered years and father shall have the children for the same times in odd numbered years. d. For the Thanksgiving holiday, mother shall have the children from 9:00 a.m. on Thursday until 9:00 a.m. on Friday in even numbered years and father shall have the children from 9:00 a.m. on Thursday until 9:00 a.m. on Friday in odd numbered years. e. For the New Years holiday, in even numbered years father shall have the children from 6:00 p.m. on the 31st of December until noon on the 1st of January. In odd numbered years, that shall reverse and the mother shall have the same periods of time with the children. 6. Mother shall always have custody of the children on Mother's Day from 8:00 a.m. until 6:00 p.m., and father shall always have custody of the children on Father's Day from 8:00 a.m. until 6:00 p.m. The parties will exchange custody and share in the transportation for those exchanges as follows: a. Father shall pick up the children at school on "~ Friday and return them to school on Monday or to mother's home on Monday for his alternating weekends. b. Other exchanges that do not take place at the school will take place at the McDonald's restaurant in Dillsburg, Pennsylvania. B. During the children's summer vacation from school, commencing on the first Friday following the last day of the children's school, the parents shall share physical. custody of their children on a week-to-week basis with the exchange time being 6:00 p.m. on Friday, and the exchange being made at the McDonald's restaurant in Dillsburg. The summer custody schedule will commence with father having the first full week which will commence on the first Friday following the children's last day of school. This schedule may be changed upon mutual agreement of both of the parties. By the Court, r r . ~...., ~ ~ ,,' ~ ~r Christylee L. Peck, J. William Lavender, Jr., Plaintiff pro Se 46 [Jest King Street Littlestown, Pennsylvania 17340 For the Plaintiff Samuel Andes, Esquire 525 North 12th street P.O. Box 168 Lemoyne, Pennsylvania 17043 For the Defendant pcb TRIiE COPY FROM RECORD In Testimony whereof,l here unto set my hand and the~ ~sat of said Court Carltsie, Pa This _.L._._~day ot__„~~ 20._.,`~- Pt+othor~otary ~~~~~~ e ~_-' ~~ WILLIAM J. LAVENDER, JR. IN THE COURT OF COMMON PLEAS OF-$~~-~ ^~ =~{ ~' ~ PLAINTIFF ~~ CUMBERLAND COUNTY, PENNSYLVAI~,~ ~ -~=. r i -r~;.=~ • ~~ ~ ~~~~ V '~' ' 2008-7520 CIVIL ACTION LAW ~ ~, 'w ~ ~ ~ __t JENNIFER L. HUDSON, FORMERLY --+ ~ - ,.. JENNIFER L. LAVENDER IN CUSTODY -i: ~ -~.,. DEFENDANT ORDER OF COURT AND NOW, Thursday, November 15, 2012 ,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, December 18, 2012 at 3:00 PM for aPre-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 J. Mandan, Jr., Esg.,dif`~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1.990. 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 f~ Carlisle, Pennsylvania 17013 0 ~~ ( ~+ Telephone (717) 249-3166 ~ ,S~rn ~P ~ ~ ~ ~'' des, ~s~ . ~- ~0/1 ~~~~ic~~vr- iLP doh ~ ~. Ma ~ya~, ~S~ . ~P ~'C~s ~ha ~/ //~Z ~~ z WILLIAM J. LAVENDER, JR IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JENNIFER L. HUDSON, formerly NO.. 08-7520 r' C= JENNIFER L. LAVENDER, Defendant IN CUSTODY z01 Ur- > PETITION FOR MODIFICATION AND NOW comes William J. Lavender, the Plaintiff in the above matter, and petitions.the court to modify its order of 5 April 2012. 1. The Plaintiff is seeking a modification in the current custody order for Emma R. Lavender, born 24 February 2001 and Ryan W. Lavender, born 28 July 2004. Plaintiff is asking for week on /week off schedule to allow equal time for both parents. 2. The Plaintiff is requesting that children be talked to by court. d-F9!P,03 WILLIAM J. LAVENDER, JR. , IN_ THE COURT OF COMMON PLEAS OF Plaintiff _'CUMBERLAND'COUNTY, PENNSYLVANIA f:; ` V. ,_b.. CIVIL ACTION - LAW JENNIFER L. HUDSON F/K/A, '° U JENNIFER L. LAVENDER -< �C M ^� Defendant No. 08-7520 CIVIL TERM IN RE: AGREEMENT FOR CUSTODY ---� -' ORDER OF COURT AND NOW, this 5th day of April, 2012, this matter being called to a hearing and the parties having now come to a mutual agreement after discussions for approximately an hour, with the presence of both parties, it is hereby ordered: 1. The Plaintiff, William J. Lavender, Jr. , ("father") , and the Defendant, Jennifer L. Hudson ( "mother") , shall share legal custody of their two minor children, Emma R. Lavender, born February 24-, 2001,. and Ryan W... Lavender; born July `28, 2004 . The parties are directed to cooperate with each other to exchange information and make all decisions of significance in the children' s lives by mutual agreement. Each parent shall have full access to school, medical and other records relating to the children and have access to all professionals providing education, health care, or other care to the children. 2 . The parties shall share physical custody of their two children as follows: A. During the school year, the children shall reside with mother and father shall have the following periods of custody: 1. Alternating weekends from after school Friday evening until Monday morning when he shall return them to school. If there is no school on Monday, he shall return them to the mother' s custody at the McDonald' s in Dillsburg restaurant at 9 : 00 .a.m. Father' s weekends shall commence on Friday, April 13, 2012 . s 2 . One evening each week from after school until 8 : 003 p.m. on. the condition that father shall see to it that the children attend and participate in any scheduled. activities . This evening shall be on Tuesdays to commence the schedule, but the father shall have the right to change that to another weekday evening on 7 days notice to mother. 3 . The parties shall divide the Easter weekend� as follows : a. In 2012, father shall have the children on Easter Sunday from 2 :00 p.m. until 9 : 00 a.m. on the following Monday morning. b. In odd numbered years in the future, mother shall have the children from 6 : 00 p.m. on the Friday before Easter until 6 : 00 p.m. on the Saturday before Easter and father shall have the children from 6 : 00 p.m. on the Saturday before Easter until 6 : 00 p.m. on Easter Sunday. c. In even numbered years the schedule shall reverse so that father has the children from 6 : 00 p.m. on the Friday before Easter until 6 : OQ p.m. on the Saturday before Easter, and mother has the children from 6 : 00 p.m. on the Saturday before. Easter until 6 : 00 p.m. on Easter Sunday. 4 . Over the Christmas holiday each year, the parties shall share custody as follows : a. In even numbered years, father shall have the children from 12.;00 noon .on the 23rd of December until 12: 00 noon on Christmas day, and mother shall have the children from 12 : 00 noon on Christmas Day until 12 : 00 noon on the 27th of December. b. In odd numbered years the schedule shall reverse and mother shall have the children from noon on the 23rd of December until noon on Christmas Day, and father shall have the children from noon on Christmas Day until noon on the 27th of December. 5 . For the remaining holidays, the parties will alternate. physic.al: custody of the children as follows : a. Mother shall have Memorial Day from 9: 00 a.m. until 8 : 00 p.m. in even numbered years, and father shall have the children the same times in odd numbered years . b. For Independence Day, the father shall have the children from 9 : 00 a.m. until 8 : 00 p.m. in. even numbered years, and mother shall have the children the same times in odd numbered years . C . For Labor Day, mother shall have the children from 9 : 00 a.m. until .8 : 00 p.m. in even numbered years and father shall have the children for the same times in odd numbered years . d. For the Thanksgiving holiday, mother shall have the children from 9 : 00 a.m. on Thursday until 9 : 00 a.m. on Friday in even numbered years and father shall have the children from 9: 00 a.m. on Thursday until 9 : 00 a.m. on Friday in odd numbered years . e . For the New Years holiday, in even numbered years father shall have the children from 6: 00 p.m. on the 31st of December until noon on the 1st of January. In odd numbered years, that shall reverse and the mother shall have the same periods of time with the children. 6 . Mother shall always have custody of the children t on Mother' s Day from 8 : 00 a.m. until 6 : 00 p.m. , and father shall always have custody of the children on Father' s Day from 8 :00 a.m. until 6: 00 p.m. The parties wil.l exchange custody and share in the transportation for those exchanges as follows : a. Father shall pick up the children at school on Friday and return them to school on Monday or to mother' s home on Monday for his alternating weekends . b. Other exchanges that do not take place at the school will take place at the McDonald' s restaurant in Dillsburg, Pennsylvania. B . During the children' s summer vacation from school, commencing on the first Friday following the last day .of the children' s school, the parents shall share physical custody of their children on a week-to-week basis with the exchange time being 6 : 00 p.m. on Friday, and the exchange being made at the McDonald' s restaurant in Dillsburg. The summer custody schedule will commence with father having the first full week which will commence on the first Friday following the children' s last day of school . This schedule may be changed upon mutual agreement of both of the parties . By the Court, X. Christylee L. Peck, J. William Lavender, Jr. , Plaintiff. pro Se 46 West King Street Littlestown, Pennsylvania 17340 For the Plaintiff Samuel Andes, Esquire 525 North 12th street TRUE COPY FROM RECORD P.O. Box 168 in Testimony whereof,t here unto set my hand Lemoyne, Pennsylvania 17043 and the seat of said Court t Carlisle,Pa. For the Defendant This 2dayof /'/ ,20_,.1 Prothonotary pcb �� S C' - �f� WILLIAM J. LAVENDER,JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. C') c 2008-7520 CIVIL ACTION LAW �� - rn m "° Z:rri r= JENNIFER L. HUDSON, F/K/A JENNIFER L. =.= rr; - LAVENDER IN CUSTODY DEFENDANT c- C) ORDER OF COURT AND NOW. Tuesday, May 07,2013 , 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 Friday,June 07,2013 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. 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 f. Mandan,Jr.,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 f es 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 j . �► M4..tJ. s/Q�� WILLIAM J. LAVENDER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C), .V. No. 08-7520 CIVIL-ACTION L-AA C_ M C= JENNIFER L. HUDSON F/K/A IN CUSTODY ccnn, N aC) JENNIFER L. LAVENDER Defendant Prior Judge: Christylee L. Peck, J. ORDER OF COURT AND NOW this o24;?YL day of June 2013, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, William J. Lavender, and the Mother, Jennifer L. Lavender, shall have shared legal custody of Ryan W. Lavender, born 07/28/2004 and Emma R. Lavender, born 02/24/2001. 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 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 arrange physical custody of the Children on a repeating two week schedule as follows: a. During the school year, Father shall have physical custody of the Children on Wednesday after school until Thursday morning bringing the Children to school and then from Friday picking up the Children after school until Tuesday morning when he shall return the Children to school. If there is no school on any given weekday when an exchange should take place,.the exchange shall take place at 8:30 am at the McDonald's in Dillsburg, PA. Both parents shall see to it that the Children attend and participate in any scheduled activities. All other exchanges that do not take place at the school, including the holiday and summer schedules, shall take place at the McDonald's in Dillsburg at the designated times. b. During the summertime, commencing on the first Friday following the last day of the Children's school,the parents shall share physical custody on a week on/week off basis with the exchange time being 6 pm on Friday, exchanging at the McDonald's in Dillsburg. The summer custody schedule will commence with Father having the first full week which will commence on the first Friday following the Children's last day of school. School year regular schedule (M=mom D=dad) Monday Tuesday Wednesday Thursday I Friday Saturday Sunday M I M M ID ID IM IM ID D D ID IM M IM IM IM M 4. Counseling: The parties are encouraged to try therapeutic family counseling again with a mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 6. Holidays: The parents shall abide by the attached holiday schedule absent agreement otherwise. 7. Vacation: Each parent shall have two non-consecutive blocks (approximately 9 consecutive overnights each block) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation time shall supersede the regular physical custody schedule. In the event the parties,schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacation block shall run from Friday 6 pm until the second Sunday following at 6 pm absent mutual agreement otherwise. Any proposed educational trip that a parent wishes to take with the Children shall be proposed by August of each year. This vacation time shall encompass the vacationing parent's regular custodial week if taken during the summer. 8. The parents shall not involve or discuss with the Children custodial or legal litigation issues. 9. 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. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. This Order is entered pursuant to 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. By the Court, J. Cu' tribution: ✓ uel Andes, Esquire illiam Lavender, 24 Stayman Way, Littlestown, PA 17340 _,--J'ohn J. Mangan, Esquire C 1 F.S / 'c..at L-L I.C. L�l3 HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1St Half From 6 pm Friday until 6 pm Father Mother Saturday Easter Day 2 nd Half From 6 pm Saturday until 6 pm Mother Father Sunday Memorial Day From 9 am until 8 pm Mother Father Independence Day From 9 am until 8 pm Father Mother Labor Day From 9 am until 8 pm Mother Father Thanksgiving From 9 am Thursday until 9 am Mother Father Friday Christmas Block A From 12 pm 12/23 until 12 pm 12/25 Father Mother Christmas Block B From12 pm 12/25 until 12 pm 12/27 Mother Father New Year's From 6 pm 12/31 until noon 01/01 Father Mother Mother's Day From 8 am until 6 pm Mother Mother Father's Day From 8 am until 6 pm Father Father WILLIAM J. LAVENDER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7520 CIVIL ACTION LAW JENNIFER L. HUDSON F/K/A IN CUSTODY JENNIFER L. LAVENDER Defendant Prior Judge: Christylee L. Peck, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ryan W. Lavender 07/28/2004 Mother/Father Emma R. Lavender 02/24/2001 Mother/Father 2. A Conciliation Conference was held with regard to this matter on January 21, 2009, an Order issued January 29, 2009, a status conference was held March 23, 2009, an Order issued March 26, 2009, a stipulated Order issued January 08, 2010, a conciliation was held December 22, 2011, an Order issued January 05, 2012, an agreement was reached, an Order issued April 05, 2012, a conference was held December 11, 2012, an Order issued January 16, 2013 and a conference was held June 07, 2013 with the following individuals in attendance: The Mother, Jennifer L. Lavender,by herself but represented by Samuel Andes, Esq. The Father, William J. Lavender, self-represented party 3. The parties agreed to the entry of an Order in the form as attached. The undersigned believes said proposed Order is in the best interest of the Children. Date John gan, Esquire Cu o Conciliator WILLIAM J. LAVENDER, JR IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JENNIFER L. HUDSON, formerly NO. 08-7520 JENNIFER L. LAVENDER, Defendant IN CUSTODY - .. 1-. _ PETITION FOR MODIFICATION AND NOW comes William J. Lavender, the Plaintiff in the above matter, and petitions the court to modify its order of 26 June 2013. 1. The Plaintiff is seeking a modification in the current custody order for Emma R. Lavender, born 24 February 2001 and Ryan W. Lavender, born 28 July 2004. The Defendant is in contempt of the current custody order on two accounts. a.) Defendant refuses to take children to their scheduled activities as directed on page 1. 3a. Ryan has been in karate for the two and half years, and only gets to participate when he is with Plaintiff. Defendant refuses to bring him to class, so he so only goes two or three times every other week, it is recommended that he should be going twice. Defendant was given a schedule where Ryan can go any two days during the week except Sunday. b.) Defendant made plans for educational trip when order states that any trip has to be proposed by August on page 2.7. Defendant notified Plaintiff in November that she was taking kids on trip in February. 2. Therefore, The Plaintiff is seeking a week on / week off schedule to allow equal time for both parents, and for both children to have opportunity to participate in their activities. Plaintiff seeking same schedule as in summers, where all exchanges will be on Fridays, but during school months it shall be at bus stop after school. When there is no school it shall be at McDonald's in Dillsburg at 630pm. Vacations shall be on weeks of custodial time if more g3.co Pd P/1� eds4 3oo993 r • time is needed then by mutual agreement, or be proposed at least 30 days in advance, as for activities on custodial time each parent is to take children to their programs. 3. The Plaintiff is requesting that children have an in camera interview because they are requesting a change in the schedule, to have equal time with both parents. / r5~ 20 N.) WILLIAM J. LAVENDER, JR., • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 08-7520 CIVIL ACTION LAW • JENNIFER L. HUDSON F/K/A' IN CUSTODY -o JENNIFER L. LAVENDER • , Defendant rv , aN _1c Prior Jude: Christ lee L. Peck, J. "��' Judge: Y C7. cv ORDER OF COURT al I AND NOW this 621■ day of June 2013, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, William J. Lavender, and the Mother, Jennifer L. Lavender, shall have shared legal custody of Ryan W. Lavender,born 07/28/2004 and Emma R. Lavender, born 02/24/2001. 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 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 arrange physical custody of the Children on a repeating two week schedule as follows: a. During the school year, Father shall have physical custody of the Children on Wednesday after school until Thursday morning bringing the Children to school and then from Friday picking up the Children after school until Tuesday morning when he shall return the Children to school. If there is no school on any given weekday when an exchange should take place, the exchange shall take place at 8:30 am at the McDonald's in Dillsburg, PA. Both parents shall see to it that the Children attend and participate in any scheduled activities. All other exchanges that do not take place at the school, including the holiday and summer schedules, shall take place at the McDonald's in Dillsburg at the designated times. b. During the summertime, commencing on the first Friday following the last day of the Children's school, the parents shall share physical custody on a week on/week off basis with the exchange time being 6 pm on Friday, exchanging at the McDonald's in Dillsburg. The summer custody schedule will commence with Father having the first full week which will commence on the first Friday following the Children's last day of school. School year regular schedule (M=mom D=dad) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M M D D M M D D D D D M M M M M M 4. Counseling: The parties are encouraged to try therapeutic family counseling again with a mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 6. Holidays: The parents shall abide by the attached holiday schedule absent agreement otherwise. 7. Vacation: Each parent shall have two non-consecutive blocks (approximately 9 consecutive overnights each block) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation time shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacation block shall run from Friday 6 pm until the second Sunday following at 6 pm absent mutual agreement otherwise. Any proposed educational trip that a parent wishes to take with the Children shall be proposed by August of each year. This vacation time shall encompass the vacationing parent's regular custodial week if taken during the summer. 8. The parents shall not involve or discuss with the Children custodial or legal litigation issues. 9. 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. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b)the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. This Order is entered pursuant to 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. By the Court, _ J. Distribution: Samuel Andes, Esquire William Lavender, 24 Stayman Way, Littlestown, PA 17340 John J. Mangan, Esquire HOLIDAYS AND - TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1st Half From 6 pm Friday until 6 pm Father Mother Saturday Easter Day 2nd Half From 6 pm Saturday until 6 pm Mother Father Sunday Memorial Day From 9 am until 8 pm Mother Father Independence Day From 9 am until 8 pm Father Mother Labor Day From 9 am until 8 pm Mother Father Thanksgiving From 9 am Thursday until 9 am Mother Father Friday Christmas Block A From 12 pm 12/23 until 12 pm 12/25 Father Mother Christmas Block B From 12 pm 12/25 until 12 pm 12/27 Mother Father New Year's From 6 pm 12/31 until noon 01/01 Father Mother Mother's Day _ From 8 am until 6 pm Mother Mother Father's Day From 8 am until 6 pm Father Father TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and theyse f said . urt at-Carlisle,Pa. This e'(o ey - ,20 /� Prothon `iy2i2 WILLIAM J. LAVENDER, JR., • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. • No. 08-7520 CIVIL ACTION LAW • JENNIFER L. HUDSON F/K/A • IN CUSTODY JENNIFER L. LAVENDER • Defendant Prior Judge: Christylee L. Peck, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ryan W. Lavender 07/28/2004 Mother/Father Emma R. Lavender 02/24/2001 Mother/Father 2. A Conciliation Conference was held with regard to this matter on January 21, 2009, an Order issued January 29, 2009, a status conference was held March 23, 2009, an Order issued March 26, 2009, a stipulated Order issued January 08, 2010, a conciliation was held December 22, 2011, an Order issued January 05, 2012, an agreement was reached, an Order issued April 05, 2012, a conference was held December 11, 2012, an Order issued January 16, 2013 and a conference was held June 07, 2013 with the following individuals in attendance: The Mother,Jennifer L. Lavender, by herself but represented by Samuel Andes, Esq. The Father, William J. Lavender, self-represented party 3. The parties agreed to the entry of an Order in the form as attached. The undersigned believes said proposed Order is in the best interest of the Children. Date John . ngan, Esquire Cu,Of Conciliator i Jl rFlr�—t (r0�►Yera e�{ IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA • Vs : No. C) 75 Z(') CIVIL TERM .1 C?rat.1144-- Uc�Jsc', r1 , : CIVIL ACTION - LAW Defendant IN CUSTODY CRIMINAL RECORD /ABUSE HISTORY VERIFICATION 1, ZIAL f/ia S L tree t?d , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 r± (relating to criminal p (' r+��ed homicide) ©.r —Me //,o jow6IS 18 Pa.C.S. §2702 7 07D/9 Jet ?/S (relating to aggravated 6 mki/Cl/l.Q�t assault) G J 18 Pa.C.S. §2706 7 (relating to terroristic threats) 18 Pa.C.S. §2709.1 FT IT (relating to stalking) 18 Pa.C.S. §2901 I IT relating to kidnapping) 18 Pa.C.S. §2902 IT I (relating to unlawful restraint) 18 Pa.C.S. §2903 IT IT (relating to false imprisonment) 18 Pa.C.S. §2910 I IT (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 r IT (relating to rape) 18 Pa.C.S.§3122.1 IT IT relating to statutory sexual assault) 18 Pa.C.S. §3123 IT IT (relating to involuntary deviate sexual intercourse). 18 Pa.C.S. §3124.1 IT IT (relating to sexual assault) 18 Pa.C.S. §3125 r IT (relating to aggravated indecent assault) IT 18 Pa.C.S. §3126 7 (relating to indecent assault) 18 Pa.C.S. §3127 IT IT (relating to indecent exposure) • 18 Pa.C.S. §3129 7 r (relating to sexual intercourse with animals) IT 18 Pa.C.S. §3130 IT IT (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 I (relating to arson and related offenses) r 18 Pa.C.S. §4302 7 IT (relating to incest) IT 18 Pa.C.S. §4303 IT (relating to concealing death of child) 18 Pa.C.S. §4304 IT r (relating to endangering welfare of children) 18 Pa.C.S. §4305 7 r (relating to dealing in infant children) 18 Pa.C.S. §5902(b) IT I (relating to prostitution and related offenses) 18 Pa.C.S. §5903 7 (c) or(d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 IT (relating to corruption of minors) 18 Pa.C.S. §6312 r r (relating to sexual abuse of children) 18 Pa.C.S. §6318 IT r (relating to unlawful contact with minor) 18 Pa.C.S. §6320 r r (relating to sexual exploitation of children) 1- 23 Pa.C.S. §6114 IT r (relating to contempt for violation of Protection order or agreement) Driving under the IT r influence of drugs or alcohol r Manufacture, sale, r r delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member r A finding of abuse by a Children &Youth IT r Agency or similar agency in Pennsylvania or similar statute in another jurisdiction r Abusive conduct as defined under the r r Protection from Abuse Act in Pennsylvania or similar statute in 1 another jurisdiction FT Other: IT IT 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or 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. vVair Signature h. ) ,o n, t— ref)012_ Printed Name WILLIAM J. LAVENDER,JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7520 CIVIL ACTION LAW JENNIFER L. HUDSON, FORMERLY • IN CUSTODY JENNIFER L. LAVENDER -- DEFENDANT • v>> ter- _ ORDER OF COURT AND NOW, Friday,January 17,2014 , 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 Friday, February 21,2014 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: Is/ John J. Mangan,Jr., Esq. V 1 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. Cap � M`t') ( Cumberland County Bar Association Ca raz lciC,, 32 South Bedford Street (,A), Lat) (,., , ,, Carlisle, Pennsylvania 17013 �"��— Telephone (717) 249-3166 /4w1.) ' _17/fy' t.. WILLIAM J. LAVENDER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08 -7520 CIVIL ACTION LAW JENNIFER L. HUDSON F /K/A JENNIFER L. LAVENDER Defendant Prior Judge: Christylee L. Peck, J. IN CUSTODY ORDER OF COURT rricv AND NOW this 2 day of April 2014, upon consideration of the attached. Cu 'fodyH.' Conciliation Report, it is Ordered and Directed as follows: N rn 1. A pretrial conference with the assigned Judge is hereby scheduled in the above case on the i day of � 2014 at ? -p0 p.m in courtroom number 5 of the Cumberland County Courthouse. he parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4 -4. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 6' tit, day of , 2014 at y : ,36 et .m in Courtroom number 5 in the Cumberland County Court of tommon Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. Legal Custody: The Father, William J. Lavender, and the Mother, Jennifer L. Lavender, shall have shared legal custody of Ryan W. Lavender, born 07/28/2004 and Emma R. Lavender, born 02/24/2001. 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 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. 4. Physical Custody: Mother and Father shall arrange physical custody of the Children on a repeating two week schedule as follows: a. During the school year, Father shall have physical custody of the Children on Wednesday after school until Thursday morning bringing the Children to school and then from Friday picking up the Children after school until Tuesday morning when he shall return the Children to school. If there is no school on any given weekday when an exchange should take place, the exchange shall take place at 8:30 am at the McDonald's in Dillsburg, PA. Both parents shall see to it that the Children attend and participate in any scheduled activities. All other exchanges that do not take place at the school, including the holiday and summer schedules, shall take place at the McDonald's in Dillsburg at the designated times. b. During the summertime, commencing on the first Friday following the last day of the Children's school, the parents shall share physical custody on a week on/ week off basis with the exchange time being 6 pm on Friday, exchanging at the McDonald's in Dillsburg. The summer custody schedule will commence with Father having the first full week which will commence on the first Friday following the Children's last day of school. School year regular schedule (M=mom D =dad Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M MD D M M D D D D D M M M M M M 5. Counseling: The parties are encouraged to try therapeutic family counseling again with a mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. The non - custodial parent shall have liberal telephone /text/email contact with the Children on a reasonable basis. 7. Holidays: The parents shall abide by the attached holiday schedule absent agreement otherwise. 8. Vacation: Each parent shall have two non - consecutive blocks (approximately 9 consecutive overnights each block) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation time shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacation block shall run from Friday 6 pm until the second Sunday following at 6 pm absent mutual agreement otherwise. Any proposed educational trip that a parent wishes to take with the Children shall be proposed by August of each year. This vacation time shall encompass the vacationing parent's regular custodial week if taken during the summer. 9. The parents shall not involve or discuss with the Children custodial or legal litigation issues. 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and /or house guests comply with this provision. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child /children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. This Order is entered pursuant to 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. By the Court, D' ribution: uel Andes, Esquire illiam Lavender, 24 Stayman Way, Littlestown, PA 17340 'hn J. Manga n, Esquire 1es HOLIDAY'S AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 6 pm Friday until 6 pm Saturday Father Mother Easter Day 2nd Half From 6 pm Saturday until 6 pm Sunday Mother Father Memorial Day From 9 am until 8 pm Mother Father Independence Day From 9 am until 8 pm Father Mother Labor Day From 9 am until 8 pm Mother Father Thanksgiving From 9 am Thursday until 9 am Friday Mother Father Christmas Block A From 12 pm 12/23 until 12 pm 12/25 Father Mother Christmas Block B From12 pm 12/25 until 12 pm 12/27 Mother Father New Year's From 6 pm 12/31 until noon 01/01 Father Mother Mother's Day From 8 am until 6 pm Mother Mother Father's Day From 8 am until 6 pm Father Father WILLIAM J. LAVENDER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08 -7520 CIVIL ACTION LAW JENNIFER L. HUDSON F /K/A JENNIFER L. LAVENDER Defendant Prior Judge: Christylee L. Peck, J. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3 -8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ryan W. Lavender 07/28/2004 Mother /Father Emma R. Lavender 02/24/2001 Mother/Father 2. A Conciliation Conference was held with regard to this matter on January 21, 2009, an Order issued January 29, 2009, a status conference was held March 23, 2009, an Order issued March 26, 2009, a stipulated Order issued January 08, 2010, a conciliation was held December 22, 2011, an Order issued January 05, 2012, an agreement was reached, an Order issued April 05, 2012, a conference was held December 11, 2012, an Order issued January 16, 2013, a conference was held June 07, 2013, an Order issued June 26, 2013 and a conference was held March 14, 2014 with the following individuals in attendance: The Mother, Jennifer L. Lavender, with her counsel Samuel Andes, Esq. The Father, William J. Lavender, self - represented party The parents' position on custody is as follows: Father lives in Littlestown, which is about an hour away from Mother. Right now Father has 5/14 overnights with the Children during the school year and week on/week off during the summer. Father reports that the Children are doing great in school (Mother's school district). Father reports that he or his representative get the Children to school on a timely manner every day he has them. Father reports that he has enrolled the Children in activities near his home. Father is upset that Mother does not take Ryan to karate near Father when she has custody. Father believes that a shared schedule with week on/week off all year would be in the Children's best interest. Father states that he has the ability to get the Children to school each day that he would have them. Father avers that the Children want to spend more time with him. Father expressly requests that the Court have the opportunity to speak with the Children prior to /during the scheduled custody trial. Father believes that week on/week off would be the simplest and most fair situation. Mother states that the status quo is fine for her but would prefer Father to have less time during the school year between Monday and Friday. Mother does not believe that a shared schedule is practical and has concerns about the Children waking up early and traveling an hour in the car to school is not safe for them. Mother states that it is too far to travel from her house for Ryan to attend karate when he is with her. Also, Mother points out that Father does not take Emma to ballet near her home when Emma is with Father. Mother has concerns about Father not giving ADHD medication to Ryan. 4. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, 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 Child's best interest. It is expected that the Hearing will require one half day. 5. 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. Jo angan, Esquire Conciliator WILLIAM J. LAVENDER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANL s h.., v., 73 _t-- • CIVIL ACTION - LAW mm C..__.. _. JENNIFER L. HUDSON F/K/A, --� _` co -v �.,r JENNIFER L. LAVENDER, -<,--' .� c_ Defendant 08-7520 CIVIL TERM r'tir "'c c-7., 7: c? ..., IN RE: IN CUSTODY ORDER OF COURT AND NOW, this 9th day of June, 2014, this being the time and place set for a pretrial custody, and Plaintiff having represented himself pro se, and the Defendant, Jennifer L. Hudson, formerly known as Jennifer L. Lavender, having been represented by Samuel Andes, Esquire, it is ordered as follows: The children shall be present for the hearing in this matter for the judge to interview the children in chambers. It is ordered that neither party discuss their testimony in court or what to say in court from this day forward and for the life of this Order. It is this Court's understanding that the Plaintiff will be testifying himself and that he shall have no other witnesses other than his children. This Court will hear from the Plaintiff and the Defendant and the children on the day of the hearing and subject to there being further time, we will hear from any other witnesses. Father's position on custody at this time is that he will accept no less than 50 percent of the physical custody of the children. Father has indicated that the children have indicated to him previously that they desire to have more time with their father. Mother's position on custody at this time is that they would like to revert the physical custody back so that father only has custody of the children every other weekend so that the children do not have to be driven in excess of 45 minutes to school every day. Father lives in New Oxford, Pennsylvania, while the children have to travel to East Pennsboro Township to go to school every day. The children have been enrolled in East Pennsboro School District since the time they have begun to go to school. There are several previous orders in this case in which previously father. agreed in 2012 to have alternating weekends of the children. Father has filed repeated motions after that time to obtain 50/50 custody of the children. Currently the schedule is set so that mother and father have shared legal custody and that father has physical custody for 5 days out of every 14. By the Court, Chriiltylee L. Peck, J. ✓ William Lavender, Defendant Pro Se 24 Stayman Way Littlestown, PA 17340 Samuel Andes, Esquire For the Defendant pcb copi*Es 1)&41E1 to/t7/lit WILLIAM J. LAVENDER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JENNIFER L. HUDSON F/K/A, : JENNIFER L. LAVENDER, Defendant 08-7520 CIVIL TERM IN RE: IN CUSTODY ORDER OF COURT AND NOW, this 6th day of August, 2014, this being the time and place for a custody hearing, and following a hearing, the evidence is deemed closed and this matter is taken under advisement. By the Court, Christ ylee L. Peck, J. ✓ William Lavender, Defendant Pro Se 24 Stayman Way Littlestown, PA 17340 Samuel Andes, Esquire For the Defendant pcb e'86Typci ::rte WILLIAM J. LAVENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA c v. : IN CUSTODY rn JENNIFER L. HUDSON F/K/A : JENNIFER L. LAVENDER, r- <.. Defendant : NO. 2008-7520 CIVIL TERM z CD -In CD ,.. IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 18th day of August 2014, following a trial concerning the parties' physical custodial responsibilities for their minor children, Emma R. Lavender, born February 24, 2001, and Ryan W. Lavender, born July 28, 2004, ("the Children") it is hereby ORDERED AND DECREED that, in the Children's best interests, the "Parenting Plan" shall be modified as follows: 1. LEGAL CUSTODY The Father, William J. Lavender, and the Mother, Jennifer L. Lavender, shall have shared legal custody of the Children. The parties shall have an equal right to make all major non -emergency decision affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. The parties are directed to cooperate with each other to exchange information and make all decision of significance in the Children's lives by mutual agreement. 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 the other parent. To the extent one parent has possession of any such records or information, that 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 arrange physical custody of the Children on a repeating two week schedule as follows: a. During the school year, Father shall have physical custody of the Children on Wednesday after school until Thursday morning bringing the Children to school and then from Friday picking up the Children after school until Tuesday morning when he shall return the Children to school. If there is no school on any given weekday when an exchange should take place, the exchange shall take place at 8:30 am at the McDonald's in Dillsburg, PA. Both parents shall see to it that the Children attend and participate in any scheduled activities. All other exchanges that do not take place at the school, including the holiday and summer schedules, shall take place at the McDonald's in Dillsburg at the designated times. b. During the summertime, commencing on the first Friday following the last day of the Children's school, the parents shall share physical custody on a week on/ week off basis with the exchange time being 6 pm on Friday, exchanging at the McDonald's in Dillsburg. The summer custody schedule will commence with Father having the first full week which will commence on the first Friday following the Children's last day of school. 3. COUNSELING The parties are encouraged to try therapeutic family counseling again with a mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. COMMUNICATION The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 5. HOLIDAYS The parents shall abide by the attached holiday schedule absent agreement otherwise. 2 6. VACATION Each parent shall have two non-consecutive blocks (approximately 9 consecutive overnights each block) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation time shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. The vacation block shall run from Friday 6 pm until the second Sunday following at 6 pm absent mutual agreement otherwise. Any proposed educational trip that a parent wishes to take with the Children shall be proposed by August of each year. This vacation time shall encompass the vacationing parent's regular custodial week if taken during the summer. 7. PROHIBITIONS The parents shall not involve or discuss with the Children custodial or legal litigation issues. 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. During any periods of custody or visitation, the parties shall not possess or use illegal substance or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. MEDICAL 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. 3 9. MEDICATION The Children are to take any prescribed medications on time and are not to be given extra medication nor taken off of any medication without prior medical advice. 10. ASSESMENT In arriving at this modification, the Court considered the following factors: a. Permitting or Encouraging Contact: Neither parent seems particularly likely to encourage contact with the other parent. Father does not get along with Mother or her husband and admitted calling Mother's husband a "douche bag." b. Present and Past Abuse: No abuse has been reported. c. Parental Duties: Mother schedules all routine medical appointments. Mother reported that Father does not show up to pediatric appointments. Both Mother and Father take the Children to medical appointments. Father also takes the Children to extracurricular activities, including Karate and dance. d. Stability and Continuity in the Children's Lives: The Children have attended East Pennsboro public schools their entire lives. This Order continues the Children in East Pennsboro and limits the amount of time the Children spend traveling back and forth to school while maximizing time spent with their Father. e. Availability of Extended Family: Mother's parents live approximately one mile from Mother and see the Children often. Father's mother lives in Dillsburg, his brother lives Camp Hill, and his sister lives in Boiling Springs. The Children spend time with Father's mother but do not see Father's siblings often. f. Children's Sibling Relationships: The Children get along great with each other and get along well with their step -siblings at both Mother and Father's houses respectively. 4 g. Children's Preferences: Emma reported that she wanted equal time with Mother and Father. Likewise, Ryan reported that he wants, in his words, "week on/ week off." However, both Children reported that they are okay with the current custody schedule. It appears from speaking with the Children that Father may have influenced the Children's testimony. We nevertheless strongly considered their wishes as they are both impressive and smart. Nonetheless, we determined that it is in the Children's best interest to minimize the frequency with which they travel two hours per day during the school year at such young ages. h. Attempts to Turn the Children Against the Other Parent: The Children report to Mother that Father says negative things about Mother. The Children do not like dealing with custody issues, and Emma reported to Mother that she dreads having to talk to a judge. Both Children fear that custody issues are their fault. i. Attending to the Needs of the Children: Both parties attend to the needs of the Children. j. Proximity of Residences: Father resides approximately 48 miles from the Children's school, which, according to Father, is about a 50 minute drive. The parties' residences are approximately an hour and ten minutes apart. Father previously resided in Marysville, PA after the parties separated in 2008. Father thereafter remarried and moved to Littlestown, PA, where he has been residing with his wife and her two children for the past three years. His current Wife's two children, ages 14 and 12, attend school locally in Littlestown, PA. Because Father's work schedule requires him to work at 6:30 A.M. Monday, Tuesday, Thursday and Friday, Father's current wife is the primary provider of transporting the Children to school in East Pennsboro. It is further noted that next year Emma will be entering high school, which begins at 7:30 a.m., requiring an earlier departure from Littlestown, PA to get to school on time. 5 k. Availability of Care: There are no issues with providing care for the Children. 1. Level of Conflict: The parties do not communicate effectively. However, Mother does provide some extracurricular activities schedules to Father. m. History of Drug and Alcohol Use: No evidence of drug or alcohol use was presented. Neither parent appears to abuse alcohol or drugs at this time. n. Mental and Physical Condition: No mental condition of either parent was reported to the Court. Mother did report having high blood pressure. o. Consideration of Criminal Convictions: No known criminal convictions for either parent. 11. RELOCATION No party shall be permitted to relocate the residence of the Children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Children consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S. § 5337. All previous orders of court are hereby vacated. A copy of this final order of custody shall be sent to both parties. William Lavender 24 Stay man Way Littlestown, PA 17340 Plaintiff, pro Se Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant COpi'es /12.1.Lck s i /iy BY THE COURT, �.Y ✓lift- /I/(- Christy{ee L. Peck, J. 6