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HomeMy WebLinkAbout09-1632Joanne Harrison Clough, Esquire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff BRIAN LAMB, Plaintiff V. KAMEELAH CHAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 69, I (o3a- GN?I : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Joanne Harrison Clough, Esquire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff BRIAN LAMB, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. KAMEELAH CHAVIS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Joanne Harrison Clough, Esquire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff BRIAN LAMB, Plaintiff V. KAMEELAH CHAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 09- /L 3,2 C.? 7Z41"'L CIVIL ACTION -LAW IN DIVORCE AND CUSTODY COMPLAINT FOR CUSTODY AND NOW, this of March, 2009, comes Plaintiff Brian C. Lamb, by and through his attorney, Joanne Harrison Clough and files this Complaint for Custody and in support thereof avers as follows: 1. Plaintiff is Brian C. Lamb, residing at 141 Bungalow Road, Enola, Cumberland County, PA 17025. 2. Defendant is Kameelah Chavis, currently residing at 222 Tyson Road, Bracey, VA 23919. 3. Plaintiff seeks custody of the following children: Name Present Address Date-of-Birth Jaidyn I. Lamb 222 Tyson Road* 7/7/2000 Bracey, VA 23919 Rizique R. Lamb 222 Tyson Road* 7/29/2002 Bracey, VA 23919 * Mother took children from 141 Bungalow Road, Enola, Cumberland County, PA on March 10, 2009 to Bracey, Virginia without Father's consent. 4. Both children were residing with both parents at 141 Bungalow Road, Enola, PA 17025, until Tuesday, March 10, 2009 when Defendant Mother took them out of school and went to Virginia to her mother's residence at 222 Tyson Road, Bracey, VA 23919. 5. The children were born out of wedlock. The children are presently in the custody of Defendant Mother residing at 222 Tyson Road, Bracey VA 23919 since she took them from Enola, PA on March 10, 2009. 6. During the past five (5) years, the children have resided with the following persons the following address(es): Name Address Dates Kameelah Chavis Mildred Chavis Unknown 222 Tyson road Bracey, VA 23919 March 10,2009 to the present Brian C. Lamb Kameelah Chavis 141 Bungalow Road Enola, PA 17025 2006 to March 10, 2009 Brian C. Lamb 1134 Summerwood Drive 2003 to 2006 Kameelah Chavis Harrisburg, PA 17111 7. The mother of the children is currently residing at 222 Tyson Road, Bracey, VA 23919. She is single. 8. The father of the children is currently residing at 141 Bungalow Road, Enola, Pa 17025. He is single. 9. The relationship of Plaintiff to the children is that of natural Father. Plaintiff currently resides with the following person(s): Name Relationship Self 10. The relationship of Defendant to the children is that of natural Mother. Defendant currently resides with the following person(s):. Name Relationship Location Mildred Chavis Mother 222 Tyson Road Bracey, VA 23919 11. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. 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. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Defendant Mother unilaterally removed the children from the Commonwealth of Pennsylvania on Tuesday, March 10, 2009 and removed them from East Pennsboro Elementary School without Father's consent, permission, and the children are currently illegally absent from school and are currently missing PSSA exams. b. Plaintiff Father is better able to provide for the day to day needs of the children and will not interfere with Defendant Mother's relationship with the children; and c. Defendant Mother acted contrary to the best interests of the children by removing them from school for at least five (5) school days without Father's permission and without school permission. 15. 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. 16. It is anticipated that Respondent/Defendant Mother Kameelah Chavis will not concur in this Petition. Defendant refuses to answer her cell phone and Petitioner/Plaintiff Father is unable to make contact with her. 17. This matter has not previously been assigned to a Judge. 18. Cumberland County Pennsylvania is the jurisdiction county for the minor children in that they have resided in Enola, Cumberland County for almost three (3) years immediately preceding Defendant Mother unilaterally removing them from Enola, Cumberland County, Pennsylvania on March 10, 2009. WHEREFORE, Plaintiff requests the Court to grant him primary physical and shared legal custody of the minor children, Jaidyn I. Lamb, and Rizique R. Lamb and grant Defendant Mother shared legal custody and periods of partial physical custody. Respectfully submitted, HARRISON CLOUGH, Date: 3 co JoanriqIarrison Clough; Attorney ID No.: 36461 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Brian C. Lamb VERIFICATION I, Brian Lamb, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: 3-1z rian Lamb `o r? m s.?z f Joanne Harrison Clough, Esquire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff BRIAN LAMB, Plaintiff V. KAMEELAH CHAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. d : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY PETITION FOR EMERGENCY CUSTODY AND NOW, this 16th day of March, 2009, comes the petitioner Plaintiff Father, Brian C. Lamb, by and through his attorney, Joanne Harrison Clough, and respectfully files this Petition for Emergency Custody and in support thereof avers as follows: 1. Petitioner/Plaintiff Brian C. Lamb is an ' adult individual currently residing at 141 Bungalow Road, Enola, PA 17025. 2. Respondent/Defendant Kameelah Chavis is an adult individual currently residing at her mother's residence at 222 Tyson Road, Bracey, VA 23919. 3. The parties are the natural parents of two minor children, Jaidyn I. Lamb, born July 7, 2000, and Rizique R. Lamb, born July 29, 2002. 4. The minor children are currently enrolled in elementary school in East Pennsboro School District and are in first and third grade respectively. 5. On or about March 10, 2009, without consent of Petitioner Brian C. Lamb, Respondent/Defendant Mother unilaterally took the minor children Jaidyn and Rizique from the parties' residence at 141 Bungalow Road and traveled to her mother's residence at 222 Tyson Road, Bracey, VA, and illegally removed the children from school for this trip. More specifically, Respondent lied to the school and told the school that her mother was sick and she was traveling to Virginia to care for her. 6. Respondent Mother Kameelah Chavis has to date refused to return to Enola, Cumberland County, Pennsylvania with the minor children and they have missed school starting Tuesday, March 10, 2009, through to the present and are currently missing their PSSA exams. 7. Petitioner/Plaintiff Father does not agree or consent to the children temporarily or permanently relocating to Virginia and he asks that the Court enter an Emergency Order directing that the minor children be immediately returned to their residence at 141 Bungalow Road, Enola, Cumberland County, PA 17025, until such time as a Hearing can be held in this matter. 8. Petitioner Plaintiff Father is of the belief and therefore avers that Respondent/Defendant Mother's actions are contrary to the best interest and permanent welfare of the children in that she unilaterally and without Father's consent, removed the children from school such that they have now missed five (5) school days and have missed their PSSA exams. Petitioner Father requests that Respondent/Defendant Mother be directed to immediately return the children to Enola, Cumberland County, Pennsylvania so they may resume their schooling until a Hearing can be held in this matter. 9. Petitioner/Plaintiff Father is filing a Complaint in Custody contemporaneously with the filing of this Petition for Emergency Custody. WHEREFORE, Petitioner/Plaintiff Father Brian C. Lamb, respectfully requests this honorable Court enter an Order granting him primary physical and shared legal custody of the minor children and further directing Respondent/Defendant Mother Kameelah Chavis to return the children to Father's care and custody immediately, where they shall remain until further Order of Court. y submitted, UGH, PC Dated: By: Joann arrison Cough, s uh Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone No. (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Brian Lamb, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: 3 Brian Lamb `?? Q C .. \ `r Joanne Harrison Clough, Esquire MAR 17 20094 Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff BRIAN LAMB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. m 163 KAMEELAH CHAVIS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY ORDER AND NOW, this day of M 2009, upon review of the ? attached Petition For Emergency Custody and the companion Custody Complaint, it is hereby ", of ORDERED and DECREED that Respondent/Defendant Kameelah Chavis s the minor children, Jaidyn I. Lamb, born July 7, 2000, and Rizique R. Lamb, born July 29, 2002, to 144-- i e in the em 0L.- Hearing jR scheduled on this Petition for the 07 4( 14 day of , 2009, at 06 aA/p.m, in Courtroom No. at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. BY THE COURT: ,0 0 J. LO ' ! I W 1F 91 6DOZ I BRIAN LAMB IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1632 CIVIL ACTION LAW KAMEELAH CHAVIS DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 18, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 14, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. . 10 . 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 (14W ir ?- P",eww wa(,Pp?) 19 :C Wd 61 8VW 6002 rt# 1GI` ?z ?{ g(31#q Jib BRIAN LAMB, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 09-1632 CIVIL KAMEELAH CHAVIS, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this 24th day of March, 2009, it appearing to the Court that both parents are capable parents, it is ordered and directed that the children, Jaidyn I. Lamb, born July 7, 2000, and Rizique R. Lamb, born July 29, 2002, be returned to their home at 141 Bungalow Road, Enola, Pennsylvania 17025 pending conciliation and further hearing in this matter. The children are to remain enrolled in the East Pennsboro School District. The children are not to be removed from this jurisdiction without further order of court. Pending conciliation and further order of court, the parties shall have shared legal custody of the children. As long as Mother is living in Virginia, primary physical custody shall be with Father subject to periods of partial physical custody in Mother every other weekend from Friday after school until Sunday at 8:00 p.m. Mother shall be responsible for the transportation of the children to and from Father's residence. If Mother returns to Pennsylvania, primary 1.1 r physical custody shall be shared as equally as possible. We note that this is a temporary order only and shall not affect the rights of either party in any further custody proceedings. By the rt, Edward E. Guido, J. - Joanna Harrison Clough, Esquire For the Plaintiff ?/Johanna H. Rehkamp, Esquire For the Defendant :mlc co r" 3/a(./ot txl(yl ,???..,?`,n? ? ,? ? ,? ? ,? ?`,.? 4'' APR 1 7 20og BRIAN LAMB VS. Plaintiff KAMEELAH CHAVIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1632 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ? I - _ day of AWJ ? 2009, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. Alhearing is scheduled in Court Room No. 3 of the Cumberland County Court House on the _ day of --Q- , 2009, at .'()0 o'clock 10 m., at which time testimony will be taken For purposes of the hearing, the Father, Brian Lamb, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of ?.s a .shall be sled at east sevep (7) da s prior to th hearing ate. - - each witness. T?iese Memoranda gC?ihr?^ 6 5f s ? ? 2" P0-e in the h= and further Orde of Courti or agreement of the parties, the prior Order of this Court dated March 24, 2009 shall continue in effect. The parties may make arrangements for additional periods of partial custody for the Mother after the school year ends as arranged by agreement. BY COUR Edward E. Guido cc: Harrison Clough, Esquire - Counsel for Father ;4ro2anne anna H. Rehkamp, Esquire - Counsel for Mother rna.lic'L J. A:ddQNLALIL'(aC d 3HI 3O r BRIAN LAMB vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1632 CIVIL ACTION LAW KAMEELAH CHAVIS Defendant Prior Judge: Edward E. Guido IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jaidyn I. Lamb July 7, 2000 Father Rizique R. Lamb July 29, 2002 Father 2. A custody conciliation conference was held on April 14, 2009 with the following individuals in attendance: the Father, Brian Lamb, with his counsel, Joanne Harrison Clough, Esquire, and the Mother, Kameelah Chavis, with her counsel, Johanna H. Rehkamp, Esquire. 3. This Court previously entered an Order in this matter on March 24, 2009 on the Father's Emergency Petition for Custody. Under that Order, the Father was granted primary physical custody of the Children as long as the Mother resides in Virginia. The Order provided for the Mother to have periods of custody with the Children for which she was to provide all transportation to and from the Father's residence. The Order further provides that the Children shall continue to be enrolled in the East Pennsboro School District. Finally, the Order provided that the parties shall have shared physical custody in the event the Mother relocates back to this area. The Order was to be effective pending the custody conciliation conference in this matter and further Order of Court. t 4. The Father filed this Complaint for Custody seeking primary physical custody of the Children in light of the Mother's relocation to Virginia. The Mother indicated at the conference that she intends to stay in Virginia, where she currently resides with her mother. The parties were not able to reach an agreement as to ongoing custody arrangements and it will be necessary to schedule a hearing on the issue of primary physical custody during the school year. The parties both proposed arrangements whereby one parent has primary custody during the school year and the other parent has custody during the majority of the summer school break, school holidays, and weekend periods of custody each month. The only issue for determination is which parent will fulfill each custodial role. 5. The Father's position on custody is as follows: The Father believes it would be in the Children's best interests to continue to reside primarily with him during the school year as the Father feels he is more active in arranging activities for the Children. The Father also believes the Children should continue in the school district in which they have always been enrolled (East Pennsboro). The Father believes that he is more stable and better able to provide for the Children's needs. Finally, the Father expressed concern that the Mother placed her own needs above those of the Children in attempting to relocate them to Virginia without his knowledge or consent. 6. The Mother's position on custody is as follows: The Mother believes that it would be best for the Children to reside primarily with her in Virginia during the school year. The Mother indicated that she intends to remain in Virginia where she currently resides with her mother and benefits from the support of her family. The Mother indicated that she plans to take classes online and will be available to provide care for the Children. The Mother stated that she has been the Children's primary caretaker since birth. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and continuing the prior temporary arrangements previously ordered by the Court. The parties agreed that they would be able to make arrangements for the Mother to have additional time with the Children after the school year is over if the hearing has not been held by that time. It is anticipated that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquir Custody Conciliator x? At BRIAN AMB, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1632 KAMEE.AH CHAVIS, CIVIL ACTION LAW ?fendant : IN CUSTODY MOTION TO WITHDRAW AS COUNSEL NOW comes Johanna H. Rehkamp, Esquire, and respectfully avers as follows: On March 24, 2009, Kameelah Chavis met with undersigned counsel to t her at an emergency custody hearing scheduled for March 24, 2009. Undersigned counsel extended to Ms. Chavis a courtesy in representing her in the emergency hearing and subsequent conciliation conference on April 14, 2009, with a minimum amount being paid to the undersigned. To date, Ms. Chavis has failed to pay her outstanding balance pursuant to the fee agreement between defendant and undersigned counsel or make any good faith on the account. Continued representation of the defendant would create an economic on undersigned counsel. undersigned counsel moves this Honorable Court to allow her to from the above captioned matter. J a H. Rehkamp, Esquire XUR)NER AND O'CONNELL 4 North Front Street Harrisburg, PA 17110 717/232-4551 A . BRIAN AMB, : IN THE COURT OF COMMON PLEAS P?aintiff CUMBERLAND COUNTY, PENNSYLVANIA v.l : NO. 2009-1632 CHAVIS, CIVIL ACTION LAW lent : IN CUSTODY Certificate of Service Johanna H. Rehkamp, Esquire hereby certify that I served a true and correct copy of ? e Motion to Withdraw depositing same in the U.S. mail, first class postage J addressed as follows: Kameelah Chavis 222 Tyson Road Bracy, VA 23919 Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Date: FILL OF THE PP ",Rv THE 2609AN--f F" ? rr-' BRIAN LAMB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1632 CIVIL ACTION -LAW KAMEELAH CHAVIS, : IN CUSTODY Defendant (JUDGE GUIDO) AMENDED MOTION TO WITHDRAW AS COUNSEL AND NOW comes Johanna H. Rehkamp, Esquire, and respectfully avers as follows: 1. On March 24, 2009, Kameelah Chavis met with undersigned counsel to represent her at an emergency custody hearing scheduled for March 24, 2009. 2. On March 24, 2009, the Honorable Judge Guido entered a temporary order directing that the children be returned to their home in Enola and remain in the court's jurisdiction pending conciliation and further order of the court. 3. Undersigned counsel extended to Ms. Chavis a courtesy in representing her in the emergency hearing and subsequent conciliation conference on April 14, 2009, with a minimum amount being paid to the undersigned. 4. To date, Ms. Chavis has failed to pay her outstanding balance pursuant to the fee agreement between defendant and undersigned counsel or make any good faith payment on the account. S. Continued representation of the defendant would create an economic hardship on undersigned counsel. 6. On June 3, 2009, undersigned counsel spoke with Joanne Harrison Clough, Esquire, attorney for the plaintiff, who indicated she concurred in the foregoing Motion. WHEREFORE, undersigned counsel moves this Honorable Court to allow her to withdraw from the above captioned matter ma H. Rehkamp, Esquire NER AND O'CONNELL 4& North Front Street Harrisburg, PA 17110 717/232-4551 d BRIAN LAMB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1632 KAMEELAH CHAVIS, CIVIL ACTION LAW Defendant IN CUSTODY Certificate of Service I, Johanna H. Rehkamp, Esquire hereby certify that I served a true and correct copy of the Amended Motion to Withdraw depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Kameelah Chavis 222 Tyson Road Bracy, VA 23919 Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Date: 6/4/2009 FtLED-?H OF pHMTAR`l Mg JUN -5 PM 1: a 4 PN? ? VAi r? Joanne Harrison Clough, Esquire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff BRIAN LAMB, Plaintiff V. KAMEELAH CHAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1632 : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY : Case assigned to Judge Guido MOTION TO WITHDRAW AS COUNSEL AND NOW, this 11th day of June, 2009, Joanne Harrison Clough, Esquire, respectfully files this Motion to Withdraw as Counsel for Plaintiff, Brian Lamb and in support thereof avers as follows: 1. Plaintiff Brian Lamb initially retained counsel to represent him and prepare and file an Emergency Custody Petition and Custody Complaint in 2009. 2. An emergency custody hearing was held before the Court on March 24, 2009 at which time Petitioner counselor represented Plaintiff at the emergency proceeding. 3. Since March 27, 2009, Plaintiff Brian Lamb has not had any contact with Petitioner counsel. 4. Petitioner counsel has left numerous telephone messages, voice mails and sent several correspondences to Plaintiff all of which have not been responded to by Plaintiff Brian Lamb. 5. Petitioner is unable to effectively prepare for the Custody Trial scheduled for June 18th and 19th, 2009 due to Plaintiff's failure to respond to date. 6. Respondent/Plaintiff has failed to pay his outstanding invoice for services rendered through April 2009 and has failed to provide his required retainer for the Custody hearing scheduled for June 18'h and 19tr' 2009. 7. Continued representation of Plaintiff/Respondent Brian Lamb is not possible where he has failed to meet with Petitioner counsel to prepare for the Custody hearing and continued representation of Plaintiff/Respondent would also create an economic hardship on undersigned counsel. 8. JoHanna Rehkamp, Esquire, counsel for Kameelah Chavis, filed a Motion to Withdraw as counsel via mail on or about May 30, 2009. 9. JoHanna Rehkamp does not object to the Motion for Plaintiff's counsel to withdraw. 10. This case was previously assigned to Judge Guido. WHEREFORE, undersigned counsel moves this Honorable Court to allow her to withdraw from the above matter. DATE: Respectfu y submitted, JOANNE/TIARRISON CLOU JoanVe Farrison Clougl Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 717-737-5890 P.C. VERIFICATION I, Joanne Harrison Clough, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: ?? CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: JoHanna H. Rehkamp, Esquire Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Kameelah Chavis 222 Tyson Road Bracey, VA 23919 Brian Lamb 141 Bungalow Road Enola, PA 17029 Date Joanne H'a4Tison Cloul Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff ALED-CDi" 17 C: 2 0 0 9 ,i "1 12 F 12: -17 r v JUN 15 2009 Joanne Harrison Clough, Esquire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff BRIAN LAMB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1632 KAMEELAH CHAVIS, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY ORDER 4* AND NOW, this day of June, 2009, upon consideration of the foregoing Motion, the request of Joanne Harrison Clough, Esquire, to withdraw as counsel for the Plaintiff is hereby granted. J. r LEC C )j -F n IAPY 2009 JUN 17 Pry 12: 5 U P L't?\7 ?7`L?IJ'f ft I JUN 0 4 ? BRIAN LAMB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1632 KAMEELAH CHAVIS, CIVIL ACTION LAW Defendant IN CUSTODY I 41p, ORDER AND NOW, this / day of June, 2009, upon,consideration of the foregoing motion, the request of Johanna H. Rehkamp, Esquire, to withdraw as counsel for the defendant is hereby granted. B J. R0 -1-' 3"E OF THE . ? '-TARY 2tg9 JUt4 18 P 12'- '-,0 cu !1 ,;N-rY rc r: 418109 _ cop,? M2 ???P -2vl A41 J (2kxAqk .? . ?..?? K BRIAN LAMB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2009-1632 KAMEELAH CHAVIS, CIVIL ACTION - LAW Defendant IN CUSTODY IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 18th day of June, 2009, neither party having appeareded, this matter is continued generally and will be rescheduled at the request of either party. By the rt, Edward E. Guido, J. Joanna Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 For Plaintiff Brian C. Lamb 141 Bungalow Road /--- 13 D9 Enola, PA 17025 L? Kameelah Chavis 222 Tyson Road Bracey, VA 23919 :mlc ALE,("- OP- I THILE g ' ":? y Ca 1Y